The new general conditions within building and engineering - overview of material changes
06 July 2018
On 2 February 2018 the committee set up to review the system of the general conditions (the "AB Committee") sent drafts for AB 18 and ABR 18 out for consultation, and on 21 June 2018 the package containing the final AB general conditions were submitted to the Danish Minister for Transport, Building, and Housing.
- AB 18 (General Conditions for the provision of works and supplies within building and engineering) - Plesner provided the first overview of the rules of AB 18 when the draft consultation document was published on 2 February 2018. Read more here (in Danish)
There are only minor changes between the draft consultation document and the final version of AB 18. The changes in particular concern the provision about disputes in Chapter J where various formal requirements for, for instance, inspection and survey by experts, prompt decisions and the bringing of arbitration proceedings have been deleted, and where prompt decisions may now be made with respect to several issues, including the drawing up of a detailed time plan, the assignment of risk of damage or the loss of works or materials, the definition of interfaces for works, and refusal of approval of an appointed sub-contractor. Finally, it is now stated with respect to prompt decisions that the bringing of arbitration proceedings does not have suspensory effect unless the Arbitration Court decides otherwise.
- ABR 18 (General Conditions for consulting services within building and engineering) - Plesner also provided the first overview of the rules of ABR 18 when the draft consultation document was published on 2 February 2018. Read more here (in Danish).
As with AB 18, there are only minor changes compared with the draft consultation document for the final version of ABR 18. Changes in particular concern the provision about disputes in Chapter J that has been changed in the same manner as in AB 18. In addition, the provision about revised project plans in article 46 has been changed to the effect that a consultant is not obliged to revise project plans if the consultant is able to prove that such revision will imply disproportionate expenses. However, most of the changes take the form of clarifications.
- ABT 18 (General Conditions for turnkey contracts within building and engineering) - Plesner has reviewed the most important changes in ABT 18 here (in Danish).
- AB Forenklet (simplified) and ABR Forenklet (simplified ) - Plesner has reviewed the new simplified conditions for both works and supplies in building and engineering (AB Forenklet) and for consultancy services within building and engineering (ABR Forenklet) here (in Danish).
- APPs (appendices) - As something new, the AB Committee has introduced four APPs relating to project development, project optimisation, operating requirements and incentives. The APPs are reviewed in more detail here (in Danish).