The parties’ obligation to cooperate in the performance of a construction contract

This master thesis analyses practical and theoretical aspects concerning the parties’ obligation to cooperate in the performance of a construction contract. The first part of the work proposes the definition of such obligation, discuses the extent and limits of this obligation, also classifies its elements. The parties’ obligation to cooperate in the performance of a construction contract is understood very broadly and includes all reasonable actions of a party necessary to be taken in order to achieve the goals of the construction contract. The second part of the work analyses the practical aspects of the obligation and the problems that surround it. This part particularly deals with the questions of the cooperation concerning the delivery of the permission to build, the site conditions, delivery of the design projects and the contractor’s obligation to warn about any discrepancies therein, taking over of the works and so on. The work presents a critical approach to some spheres of legal regulation in Lithuania, i.e. disproportion of the liability concerning the work done with inappropriate materials presented by the employer, the criteria of the works that have to be taken over and so on. Another point analysed is the right of the employer or the main contractor to control the works which has actually transformed into an obligation. Also other factors are analysed that have the influence on the cooperation between the parties in the performance of a construction contract. The third part presents the conception of the Partnering and Alliancing agreements which is an alternative method to increase the cooperation between the parties of a construction contract. Such agreements usually include the principles of the cooperation between the parties. Although these agreements can be non – binding they are proven to have the cost – decreasing effect in the construction projects