Responsibility for breach of construction contract: theoretical and practical analysis

Abstract

The article presents a theoretical and practical analysis of liability for breaches of construction contracts under Ukrainian law. The essence of the construction contract, its key characteristics, and essential conditions that define the rights and obligations of the parties are examined. Particular attention is given to the characterization and types of liability for breaches of contract terms, as well as the role of judicial practice in holding parties accountable.

The research demonstrates that the construction contract is one of the most complex and specific forms of contractual relationships, incorporating both economic and civil activity elements. This creates additional challenges in determining and applying liability, as it is crucial to ensure compliance with conditions related to the quality of work, deadlines, and costs. Liability is a key aspect of any contract, and for construction contracts, it plays a special role in ensuring the fulfillment of obligations.

The role of judicial practice is particularly important in the interpretation and application of legal norms governing these relationships. Issues related to the determination of penalty size and challenges arising in legal enforcement, especially due to the imperfection of certain legal norms, are explored. These issues lead to contradictions in judicial practice, requiring clarification of legal norms for effective regulation of relationships between clients and contractors.

It is also noted that liability for breach of a construction contract is an essential condition of the contract, which defines the scope of the parties' rights and obligations. The lack of clear regulation of liability may result in significant risks for both the client and the contractor, as it impacts the stability of contract performance and the provision of legal guarantees for each party.

Thus, the article contributes to a better understanding of the theoretical foundations and practical aspects of liability for breaches of construction contracts in Ukraine and emphasizes the importance of improving legal regulation in this area to achieve stability and predictability in relationships between clients and contractors.