Decree No. 31 / 1972 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic on contracts for the preparation of supplies of certain buildings
Valid
Effective from 01.07.1972
31
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 15 May 1972
on contracts for the preparation of supplies of certain buildings
The State Arbitration of the Czechoslovak Socialist Republic provides pursuant to § 395 (a) of the Economic Code No. 109 / 1964 Coll., as amended by Act No. 138 / 1970 Coll.:
Scope and purpose of the Order
(1) The decree applies to the preparation of buildings imposed as a task of the State Plan by the Government concerned; However, it does not apply to the preparation of complex residential construction and complex residential construction. *)
(2) The purpose of the decree is to ensure that binding cooperation between all the most important participants in the construction is contractually ensured for the preparation of the structures imposed by the relevant government as a task of the State Plan, thereby contributing to the timely preparation, assessment and approval of the project documentation, to the level of technical development achieved and to the capacity of the construction.
Obligation to conclude a contract on the preparation of supplies
(1) At the request of any of the participating organisations, any organisation listed in the schedule of tasks of the State Investment Construction Plan shall be required to conclude a contract to prepare supplies to the extent resulting from the schedule. However, organisations are not obliged to conclude a contract on the preparation of supplies before completion of work on the project task.
(2) In the case of a contract for the preparation of supplies concluded on the one hand by an investor or an organisation acting as an investor (hereinafter referred to as an investor), the investor shall be obliged to invite the general designer to sign the contract with him. The general designer shall be obliged to participate in the conclusion of the contract for the preparation of supplies and to sign the contract; the signature of the contract for the preparation of supplies gives rise to the rights and obligations of the general designer referred to in Article 4 (3).
Forms of the contract on the preparation of supplies
The contract for the preparation of supplies shall contain:
(a) a bilateral commitment to conclude a supply contract, the scope of which is indicative of the contract, after approval of the project documentation within the agreed time limit; the basis for an agreement on the indicative supply range is, in addition to the schedule of the task of the State Plan, the data contained in the project task and, where appropriate, the data resulting from the work on the project documentation,
(b) a commitment to a time-limited cooperation on project documentation ensuring its timely discussion, such as commitments
- to transmit information on production possibilities and delivery times,
- consultations and solutions to specific technical issues of future supplies,
- to transmit data on the results of technical development,
- the transmission of initial technical data for the processing of project documents,
- for the transmission of drawings, technical trade and price data and other project documents for a comprehensive project solution,
- specifically defined cooperation on the development of the construction organisation plan,
- to transfer other project materials necessary for the project to the final stage
or commitments to which time limits the cooperation will be defined by an additional agreement;
(c) the agreement on the extent to which the project documentation is processed by the general designer and the investor's (customer's) commitment to supply the supplier with the approved project documentation within a certain time limit.
Consequences of breach of contractual obligations
(1) An organisation that is late in fulfilling an undertaking is obliged to pay a second penalty payment of 500 Kcs for each day of delay in fulfilling each individual undertaking. In the event of a delay in the submission of demand with approved project documentation, the organisation shall pay a periodic penalty payment of 10 000 CZK for each day of delay, but not more than 1% of the price of the works concerned by the demand; However, the time by which the approval of the project documentation by the competent authority exceeds 30 days shall not be taken into account in the delay. The same penalty payment as for delay in submitting demand shall be payable by an organisation which has not submitted or accepted a draft economic contract for supply within the agreed time limit. Organisations shall be entitled to negotiate periodic penalty payments differently.
(2) The periodic penalty payments referred to in paragraph 1 need not be accounted for and enforced only where failure to fulfil an undertaking does not jeopardise the conclusion of a contract ensuring that construction is carried out within the deadline set by the Government. On periodic penalty payments, the property penalty which the organisation is obliged to pay for failure to comply with the same obligation under other legislation.
(3) In cases where the contract for the preparation of supplies has also been signed with the investor by the general designer, the obligations to cooperate on the project documentation shall be fulfilled directly to the general designer, who, in the event of a delay in fulfilling the obligation, shall be entitled to periodic penalty payments. However, the general designer shall be obliged to compensate the investor for the amount paid as a penalty for the delay in submitting the demand with the approved project documentation or for the delay in fulfilling any other obligation under the contract for the preparation of supplies, where such delay is due to circumstances arising on the part of the general designer. This amount shall be included in the periodic penalty payment which the general designer is obliged to pay to the investor for the delay in the delivery of the project documentation.
Pre-negotiation of products with a long continuous production period
(1) If the date of preparation and approval of the project documentation does not allow for timely submission of the demand, the investor may, with the agreement of his superior central authority, order products with a long continuous production period before the approval of the project documentation with the organisation with which he has concluded a contract for the preparation of supplies. The technical specification resulting from the project documentation is the basis for the order. An organisation which has concluded a contract for the preparation of supplies shall be obliged to accept such an order.
(2) The supplier is obliged to include the products in his future higher supply, for which he is responsible in full. The investor shall pay to the supplier all costs associated with any modification or change resulting from the later approved project documentation as well as other costs arising from early delivery or storage.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to cases where, prior to the approval of the project documentation, processing of the relevant part of the final stage of the project or the execution of construction or assembly works must be ordered.
Amendment or cancellation of a contract
(1) If one of the organisations requests modification or cancellation of the contract for the preparation of supplies on the basis that a later schedule of the superior body is designated by another organisation as supplier *), or that a different supplier system has been designated by later measures by the authorities of both the supplier and the customer, * *) or that, following a change in the task of the state plan, the other organisation is obliged to accede to the amendment or cancellation of the contract.
(2) The organisation is obliged to make an amendment to the contract even if the approved project documentation is submitted with such delay that the supplier could not fulfil the obligation under the future contract under the conditions laid down in the contract for the preparation of supplies.
Compliance with the contract
The contract for the preparation of supplies shall be satisfied by the conclusion of a supply contract to the extent that is apparent for the relevant delivery according to the approved project documentation.
Efficiency of the Order
This Decree shall take effect on 1 July 1972. The decree shall apply to contracts for the preparation of supplies concluded after that date.
Main Arbiter
Czechoslovak Socialist Republic:
Brandeys v. r.
*) Decree No. 162 / 1970 Coll., on certain measures in residential construction.
*) § 270 h. z.
* *) § 319 h. z.
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Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 31 / 1972 Coll., on contracts for the preparation of supplies of certain buildings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.05.1972 |
|---|---|
| Effective from | 01.07.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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