Справочник Юнситрал
Справочник Юнситрал | Uncitral Guide

Pre-contract studies

(Правовое руководство по составлению строительных контрактов)

Образцы строительных контрактов

Pre-contract studies assist the purchaser in deciding whether to proceed with an industrial works project and in determining the nature and scope of the works. They are in most cases carried out by or on behalf of the purchaser (paragraphs 1 to 5).

Pre-contract studies may include opportunity studies (paragraph 6), preliminary feasibility studies (paragraphs 7 and 8), feasibility studies (paragraphs 9 to 11) and detailed studies (paragraph 12).

If the purchaser does not have within his own staff the expertise necessary to perform the pre-contract studies, he may wish to consider engaging an outside consulting firm in which he has confidence. The consulting firm may be selected by means of selection procedures designed to promote competition among prospective consulting firms (paragraph 13).

As a general proposition, the pre-contract studies should not be conducted by a firm which may be engaged as a contractor to construct the works, due to the potential of a conflict of interest; although in some highly specialized fields it may be necessary for the studies to be conducted by a potential contractor. However, it may be acceptable to the purchaser for the firm which conducted the pre-contract studies merely to supervise the construction of the works by other firms (paragraphs 14 and 15). On the other hand, in some cases it may be advantageous to the purchaser for the firm which performs the pre-contract studies to be engaged subsequently to supply the design or to serve as the consulting engineer in connection with the construction. However, the purchaser may wish to consider the possibility of a conflict of interest in that case (paragraph 16).

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