European Construction Law and the Draft Common Frame of Reference : Selected Topics

Chapter IV.C-3 of the academic “Draft Common Frame of Reference”, published in February 2009, deals with the specific construction contract (articles IV.C-3:101 to IV.C.-3:108), i.e. the contract “under which one party, the constructor, undertakes to construct a building or other immovable structure, or to materially alter an existing building or other immovable structure, following a design provided by the client” (article IV.C.-3:101). The aim of this paper is firstly to set out some points of comparison, in relation with the building of immovable structures only, between the solutions provided under the Draft Common Frame of Reference and under Belgian law to the same legal issue (especially the variations ordered by the client, the delivery procedure and the liability for defects which appear after delivery of the works) and then to discuss the specific rules existing in Belgium regarding the acquisition by consumers of buildings (houses or apartments) under construction. Finally, I will discuss the question as to whether it could also be useful to take further steps towards harmonising consumer protection in the field of construction law.