‘Right of Access to the Site Under FIDIC – How To Properly Cooperate in the Investment Process’

Abstract

Contemporary infrastructural investment projects are characterized by the increasing complexity of innovative technological and architectural solutions of the objects being the main subject of implemented undertakings. The high level of complexity of the entire investment process consisting of a series of inseparable activities based on mutual dependencies between engaged participants is a great organizational challenge that enforces the necessity of ever more efficient coordination of activities, and consequently, responsibility for the decisions. From the investor's perspective, the multiplicity of entities involved in the project’s implementation leads to a blurring of liability. This significantly hinders seeking of damages and indication of the direct damage perpetrator, most often related only to a fragment of a larger whole, which is a ready and fully functional building object corresponding to the contractually agreed requirements and technical standards.