CONSTRUCTION PAPERS
Construction law blog of CERHA HEMPEL
This is the blog of the Construction Team dealing with construction matters and disputes in Cerha Hempel Dezső and Partners. Our colleagues regularly publish on civil and construction law issues of great interest, which are recurring significant problems for businesses in the construction industry. The materials published here do not constitute legal advices, we can only give them in individual cases. However, our easily understandable analyses can still help you manage risks effectively: avoid avoidable litigation, and prepare for unavoidable lawsuits.
Alterations and Author’s Supervision Defining the Scope of the Original Architect’s Authority
This article examines the meaning of “author’s supervision” as invoked in practice during alterations, and the extent to which the original architect may influence subsequent modifications.
The treatment of additional work in Hungarian judicial practice
The distinction between extra work and additional work is one of the most enduring dilemmas in construction disputes. The significance of this issue lies in the fact that in addition to the fixed fee, a contractor can generally claim compensation for extra work but not for additional work. This article attempts to provide answers to the most frequently asked questions about additional work in the light of the relevant judicial practice.
The Conceptual Distinction Between Joint Works And Derivative Works In Architectural Design
This article outlines the copyright law concepts of works created by multiple authors and derivative works, with particular emphasis on distinguishing between joint works and adapted works. Our analysis is primarily based on Hungary’s Act LXXVI of 1999 on Copyright and its official commentary, the expert opinions of the Copyright Dispute Resolution Board, as well as relevant judicial practice.
The paper of András Fenyőházi and Bence Rajkai appeared in the on-line journal of the of the Court of Arbitration attached to the Hungarian Chamber of Commerce and Industry (Bulletin 2025/3.)
The paper analyses the key questions of rights and obligations associated with the physical characteristics of worksites in construction contracts. The English version of the manuscript of the publication of our editors can be downloaded from the link.
Bence Rajkai’s presentation at this year’s ESCL conference: “Risk management in cultural heritage areas”
Bence Rajkai delivered a presentation entitled “Risk Management in Cultural Heritage Areas” at the European Society of Construction Law conference in Naples on 26 September. This year’s conference explored how construction projects interact with their cultural context, which provided an insightful backdrop for the topic.
If you were unable to attend, you can now read the transcript of Mr Rajkai’s presentation and view the accompanying PowerPoint slides here.
Opportunities to realise additional profits in fixed-fee arrangements or value engineering in Hungarian judicial practice
If a contractor successfully achieves the agreed result and quality with less work and at lower cost through technical innovations or some lucky circumstance, the cost saved will increase its own profits and its fixed fee may not be reduced. The approach employed to take advantage of such opportunities is known as “value engineering”.
Regulatory Map – for a Maze of Decrees
The purpose of this article is to provide a “regulatory map” as a guide to the current status of various decrees that have been authorised by the PWA and the HAA.
The New Construction Act – Part VIII
Forward-Looking Changes in Zoning Rules: TÉKA to Take OTÉK’s Place
The New Construction Act – Part VII
In this article, we take a look at the requirements that apply to buildings, as well as technical construction guidelines and the general requirements for construction products.
The New Construction Act – Part VI
Rules on electronic construction logs, maintenance logs and maintenance obligations modified as new actors enter the stage
Dr. András Fenyőházi
partner
Dr. Ilona Rónay-Csordás, LL.M.
partner
Dr. Bence Rajkai
senior associate
senior associate
