Climate and Environment Minister Krista Mikkonen commented In Rakennuslehti (19.3). the regulation of the land use and construction law's liability relationships, which has been prepared on the basis of the government program record. Mikkonen states in the interview that "the five-year liability model was thought about together with the industry."
It is true that the industry has been consulted and the draft articles have gone in a better direction than what was originally presented. However, there are still significant flaws in the presentation, and Rakennusteollisuus RT, for example, does not support the mandatory five-year responsibility period, which is being introduced into law.
The five-year liability period should also be mandatory in relations between entrepreneurs, even if the entry of the government program could also be fulfilled by leaving the possibility to agree otherwise. According to the current general contract terms (YSE), warranty periods can be agreed upon, and longer warranty periods are already applied in many contractual relationships.
We do not see it as justified to protect professional operators with such inflexible legislation. In order to protect consumers, the Housing Trade Act and the Consumer Protection Act apply in any case.
The five-year liability practice can in practice lead to the requirement of collateral, because the law does not, on the other hand, prohibit the requirement of collateral. It would be particularly problematic for SMEs.
In particular, there is reason to be concerned about the effects of the draft articles on the responsibility of the Ministry of the Environment's working group on the construction market and competition, which have not been clarified during the preparation.
The regulations drawn up in the way presented now do not directly serve the goal of construction quality. Mandatory division of responsibilities also prevents the full utilization and development of cooperative forms of implementation, such as alliances.
Recording the liability period will most likely increase disputes and lawsuits in the construction industry, when the liability issues of construction projects have to be interpreted on the basis of both the law and contract contracts.
The draft of the Land Use and Construction Act is coming up for comment in late spring or summer, so the final content of the act can still be influenced.
Anu Kärkkäinen, director
Confederation of Finnish Construction Industries (CFCI)
The text has been published In Rakennuslehti 24.3.2021.
Write a comment