ODREDBA „KLJUČ U RUKE“ U SVJETLU FIDIC UGOVORA I POZITIVNOG PRAVA: NEKI ASPEKTI CIJENE, ODGOVORNOSTI I NAKNADE ŠTETE
TURNKEY PROVISION IN THE LIGHT OF THE FIDIC CONTRACT AND POSITIVE LAW: SOME ASPECTS OF PRICE, LIABILITY AND COMPENSATION OF DAMAGES

Summary/Abstract: Selection of an adequate contract model, definition of the correct contract strategy and active control of the implementation of the construction contract represent the fundamental foundation of successful construction of a construction facility. Construction participants should have aligned interests and strive for the successful implementation of the construction contract. However, business practice confirms that this is extremely difficult to achieve. The difference between a good and bad construction contract is big. This is complicated by the fact that the participants in construction often, instead of compromising, aspire to unilateral contractual provisions. This ignores the fact that a quality construction contract is the result of a coordinated approach by all participants and if it contains clear provisions that protect both contracting parties from disputes or other doubts. In this sense, the International Association of Consulting Engineers (FIDIC), during its more than 50 years of existence, has created several FIDIC contract models for various types of construction and other works with the aim of reflecting a balanced and fair approach in dividing the rights and obligations of the contracting parties. Consequently, the basic approach in this work is to analyze the theoreticalpractical application of FIDIC contractual models in the circumstances of positive law and business practice with the aim of raising the awareness of business entities about the risks and consequences that may occur in their application. In this sense, in the paper, from the perspective of the possibility of applying FIDIC contractual models in positive law and practice, with the “turnkey” contractual model, important contractual institutions were considered, namely: the nature and sufficiency of the price, responsibility for the works, and contractual penalty and compensation for damages. on the basis of which results the relationship between positive law rules and FIDIC contractual conditions was indicated.

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