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    YSE 98 Fidic For Practioners

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    Rob Speel
    The document discusses construction contracts and standards in Finland. It notes that Finnish law does not have specific construction contract laws, but allows contractual freedom. The most common contract types are main contracts with nominated subcontracts or design-and-build contracts. For gaps not covered, general contract law principles apply, but they are not always suitable for construction. To address this, standardized contract terms called YSE terms were developed and are commonly used, though they do not have the force of law. The YSE terms are generally viewed as balanced and must be considered even for foreign parties. They define contractor obligations and require collaboration between project stakeholders. The standard guarantee period is two years, but liability can extend to ten years for gross negligence or serious defects

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    YSE 98 Fidic For Practioners

    Uploaded by

    Rob Speel
    635 views1 page
    The document discusses construction contracts and standards in Finland. It notes that Finnish law does not have specific construction contract laws, but allows contractual freedom. The most common contract types are main contracts with nominated subcontracts or design-and-build contracts. For gaps not covered, general contract law principles apply, but they are not always suitable for construction. To address this, standardized contract terms called YSE terms were developed and are commonly used, though they do not have the force of law. The YSE terms are generally viewed as balanced and must be considered even for foreign parties. They define contractor obligations and require collaboration between project stakeholders. The standard guarantee period is two years, but liability can extend to ten years for gross negligence or serious defects

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    YSE 98 Finish Contract template

    Original Title

    YSE 98 Fidic for Practioners

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    The document discusses construction contracts and standards in Finland. It notes that Finnish law does not have specific construction contract laws, but allows contractual freedom. The most common contract types are main contracts with nominated subcontracts or design-and-build contracts. For gaps not covered, general contract law principles apply, but they are not always suitable for construction. To address this, standardized contract terms called YSE terms were developed and are commonly used, though they do not have the force of law. The YSE terms are generally viewed as balanced and must be considered even for foreign parties. They define contractor obligations and require collaboration between project stakeholders. The standard guarantee period is two years, but liability can extend to ten years for gross negligence or serious defects

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    635 views1 page

    YSE 98 Fidic For Practioners

    Uploaded by

    Rob Speel
    The document discusses construction contracts and standards in Finland. It notes that Finnish law does not have specific construction contract laws, but allows contractual freedom. The most common contract types are main contracts with nominated subcontracts or design-and-build contracts. For gaps not covered, general contract law principles apply, but they are not always suitable for construction. To address this, standardized contract terms called YSE terms were developed and are commonly used, though they do not have the force of law. The YSE terms are generally viewed as balanced and must be considered even for foreign parties. They define contractor obligations and require collaboration between project stakeholders. The standard guarantee period is two years, but liability can extend to ten years for gross negligence or serious defects

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Finnish Contract Law (Fidic for practioners page 16-17)

    The Finnish Contracts Act and other Finnish law do not contain any particular provisions for construction
    contracts. However contractual freedom allows the parties to decide the content of any contract. In
    Finland most commonly works become awarded by main contracts with nominated sub-contracts,
    separate trade contracts with a project manager, design-and-construct contracts as well as CM
    contracting contracts and CM consulting contracts. However, if the contract parties do not make detailed
    provisions in the contract itself, any remaining gaps are filled by general principles of contract law. As a
    matter of fact these general principles of contract law are generally not very suitable for the
    management of construction projects.

    Due to the above mentioned fact that Finnish law lacks any detailed legislation as to construction
    contracts, a collection of provisions for such contracts in Finland has been developed. These are the YSE
    terms (at present in the version of 1998 YSE 98). These terms do not have the character of a law, but are
    standardized general contract terms that have been drafted by a public committee. YSE terms are also in
    use in some other countries such as Estonia. When drafting construction agreements in Estonia it is
    common to refer to either FIDIC standard contract forms, less frequently also to the YSE, the Finnish
    standard terms of contracts.

    YSE terms are applicable only if the parties to a construction contract expressly agree to incorporate
    them into the contract. Actually, they are generally regarded as

    being balanced and fair, and are agreed upon in most Finnish construction contracts. Therefore, in
    practice there is usually no way around YSE terms, even for foreign contractors and investors, and they
    must accordingly taken into account when drafting the contract.

    Section 1.1 of the YSE (1998) sets out a contractor's principal obligation to carry out all works as specified
    in contract documents. Section I .2 states further that the contract includes all works required to achieve
    the agreed finished result. Additionally, articles 7 and 8 of YSE (1998) provide the mode of cooperation
    and collaboration between contract stakeholders. respectively.

    According to section 29 of the Y SE 98 terms, the guarantee period for buildings is only two years.
    Following expiration Of the guarantee period, the contractor may remain liable for a period of up to ten
    years following delivery in the circumstances set Out below:

    • A defect has been caused by the contractor's gross negligence or there has been serious neglect of
    agreed quality assurance, or work has been left entirely uncompleted.

    The client could not reasonably be expected to have noticed the defects in the handover inspection or
    during the guarantee period.

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