Post by account_disabled on Aug 29, 2023 9:50:40 GMT
When FIDIC Standard Contract is applied to the infrastructure and construction sector, the buildings and facilities resulting from the contract are likely to be public or state property. Therefore, depending on the legal system used and the characteristics of the project being implemented, it cannot be ruled out that there will be a need to obtain control, inspection, and permission from the competent authority when accepting and commissioning buildings and facilities, depending on how it is prescribed in domestic laws.
Therefore, it is necessary to consider the handover relationship in two ways: the relationship in which the parties transfer the results of their duties within the framework of the contract, and the relationship related to the permission granted by the government authority to put the building or facility into operation.
Legal relations of the contract
Design development, procurement and construction (EPC) contract shall be a contract of a mixed nature stipulated in the Civil Code of Mongolia. According to the contract between the parties, the relationship between the Qatar Mobile Number List contractor and the client is the transfer of construction, infrastructure, and contract payment from the client. As it arises between persons with equal rights, it belongs to civil law or private law.
Section 10.1 of the EPC Agreement provides that “Except as provided in Sub-Clause 9.4 [Failure to Perform Tests], the Employer shall (i) cover the matters specified in Sub-Clause 8.2 [Duration of Work] and not otherwise specified in Sub-Clause (a) below; shall be accepted if all the Work has been completed in accordance with the Agreement, (ii) a certificate of acceptance of the Work has been issued or deemed to have been issued in accordance with this sub-clause.
However, according to the provisions of the civil law , the obligation is terminated if the obligee has performed his duties properly, if the obligor has received the performance of another duty instead of the performance of the duty, or if the parties have agreed to replace the previous duty [1] .
Although the contractor fulfills the contractual obligations and delivers the results, if defects are found in the work delivered under the EPC contract, the client retains the right to demand the removal of the defects.
In section 10.1 of the general conditions of the EPC contract, "The contractor shall submit a request for a certificate of acceptance to the client at least 14 days after the date when the contractor considers that the work is ready to be completed and handed over." If the work is divided into parts, the contractor can apply for a certificate of acceptance for each part. stated that.
Thus, upon acceptance of the request by the Subscriber, the Subscriber will make one of the following decisions.
If no defects are found in the work, accept the work and issue the acceptance certificate to the contractor
Although defects are detected in the work, the defect is not contrary to the purpose of the work and is a minor defect to be accepted for later elimination.
Refuse to accept the job
Within 14 days after receiving the work, the contractor shall submit a certificate of acceptance of the work indicating the date of completion of the work or package of work in accordance with the contract, regardless of incomplete work or defects that do not have a real impact on the intended use of the work or package of work (until the completion of this work or the elimination of defects). will be given.” [2] If the client wants to refuse to issue a certificate of acceptance of work, within 14 days, he can "refuse to accept the request specifying the work that needs to be done by the contractor and the reasons" [3] . Also, it should be noted that if the customer does not perform the above-mentioned actions within this period, it will be considered that the certificate of acceptance of work has been issued on the last day of the given period.
The certificate of acceptance of work specified in clause 10.1 of the EPC Agreement shall be a document issued by the Client confirming that the Contractor has performed its obligations under the contract, and it shall prove that the performance of the obligations has been accepted in whole or in part.
As a result of employment relationship, the Civil Code includes the following regulations related to the employment certificate.
It includes:
236.3. The obligor is obliged to issue documents certifying the acceptance of the obligation in whole or in part at the request of the obligor.
236.9. Unless the parties have agreed otherwise, the executor shall bear the expenses related to the issuance of a document of acceptance of the obligation, but if the executor has changed his/her place of residence or has died, and the heir resides in another place, the executor or his/her heirs shall bear the costs. will be responsible.
236.10. The obligor has the right to refuse to deliver the performance of obligations if the obligor refuses to perform the following actions:
236.10.1. Issuance of documents on acceptance of performance of duties;
236.10.2. To return or revoke the certificate specified in Article 236.7 of this Law;
236.10.3. Make a note in the document about the acceptance of the performance of the duty that the proof cannot be returned or make a document that the duty has been terminated.
236.11. In the cases specified in Article 236.10 of this Law, the obligor shall consider the time limit for acceptance of the performance of obligations exceeded.
Therefore, it is necessary to consider the handover relationship in two ways: the relationship in which the parties transfer the results of their duties within the framework of the contract, and the relationship related to the permission granted by the government authority to put the building or facility into operation.
Legal relations of the contract
Design development, procurement and construction (EPC) contract shall be a contract of a mixed nature stipulated in the Civil Code of Mongolia. According to the contract between the parties, the relationship between the Qatar Mobile Number List contractor and the client is the transfer of construction, infrastructure, and contract payment from the client. As it arises between persons with equal rights, it belongs to civil law or private law.
Section 10.1 of the EPC Agreement provides that “Except as provided in Sub-Clause 9.4 [Failure to Perform Tests], the Employer shall (i) cover the matters specified in Sub-Clause 8.2 [Duration of Work] and not otherwise specified in Sub-Clause (a) below; shall be accepted if all the Work has been completed in accordance with the Agreement, (ii) a certificate of acceptance of the Work has been issued or deemed to have been issued in accordance with this sub-clause.
However, according to the provisions of the civil law , the obligation is terminated if the obligee has performed his duties properly, if the obligor has received the performance of another duty instead of the performance of the duty, or if the parties have agreed to replace the previous duty [1] .
Although the contractor fulfills the contractual obligations and delivers the results, if defects are found in the work delivered under the EPC contract, the client retains the right to demand the removal of the defects.
In section 10.1 of the general conditions of the EPC contract, "The contractor shall submit a request for a certificate of acceptance to the client at least 14 days after the date when the contractor considers that the work is ready to be completed and handed over." If the work is divided into parts, the contractor can apply for a certificate of acceptance for each part. stated that.
Thus, upon acceptance of the request by the Subscriber, the Subscriber will make one of the following decisions.
If no defects are found in the work, accept the work and issue the acceptance certificate to the contractor
Although defects are detected in the work, the defect is not contrary to the purpose of the work and is a minor defect to be accepted for later elimination.
Refuse to accept the job
Within 14 days after receiving the work, the contractor shall submit a certificate of acceptance of the work indicating the date of completion of the work or package of work in accordance with the contract, regardless of incomplete work or defects that do not have a real impact on the intended use of the work or package of work (until the completion of this work or the elimination of defects). will be given.” [2] If the client wants to refuse to issue a certificate of acceptance of work, within 14 days, he can "refuse to accept the request specifying the work that needs to be done by the contractor and the reasons" [3] . Also, it should be noted that if the customer does not perform the above-mentioned actions within this period, it will be considered that the certificate of acceptance of work has been issued on the last day of the given period.
The certificate of acceptance of work specified in clause 10.1 of the EPC Agreement shall be a document issued by the Client confirming that the Contractor has performed its obligations under the contract, and it shall prove that the performance of the obligations has been accepted in whole or in part.
As a result of employment relationship, the Civil Code includes the following regulations related to the employment certificate.
It includes:
236.3. The obligor is obliged to issue documents certifying the acceptance of the obligation in whole or in part at the request of the obligor.
236.9. Unless the parties have agreed otherwise, the executor shall bear the expenses related to the issuance of a document of acceptance of the obligation, but if the executor has changed his/her place of residence or has died, and the heir resides in another place, the executor or his/her heirs shall bear the costs. will be responsible.
236.10. The obligor has the right to refuse to deliver the performance of obligations if the obligor refuses to perform the following actions:
236.10.1. Issuance of documents on acceptance of performance of duties;
236.10.2. To return or revoke the certificate specified in Article 236.7 of this Law;
236.10.3. Make a note in the document about the acceptance of the performance of the duty that the proof cannot be returned or make a document that the duty has been terminated.
236.11. In the cases specified in Article 236.10 of this Law, the obligor shall consider the time limit for acceptance of the performance of obligations exceeded.