Privity of Contract and Third Party Rights in European Construction Projects

Privity of contract has lately been criticized in several European jurisdictions, particu-larly due to the onerous consequences it gives rise to in arrangements typical for the modern exchange such as chains of contracts. Privity of contract is a classical premise of contract law, which prohibits a third party to acquire or enforce rights under a contract to which he is not a party. Such a premise is usually seen to be manifested in the doctrine of privity of contract developed under common law, however, the jurisdictions of continental Europe do recognize a corresponding starting point in contract law. One of the traditional industry sectors affected by this premise is the construction industry. A typical large construction project includes a contractual chain comprised of an employer, a main contractor and a subcontractor. The employer is usually dependent on the subcontractor's performance, however, no contractual nexus exists between the two. Accordingly, the employer might want to circumvent the privity of contract in order to reach the subcontractor and to mitigate any risks imposed by such a chain of contracts. From this starting point, the study endeavors to examine the concept of privity of con-tract in European jurisdictions and particularly the methods used to circumvent the rule in the construction industry practice. For this purpose, the study employs both a com-parative and a legal dogmatic method. The principal aim is to discover general principles not just from a theoretical perspective, but from a practical angle as well. Consequently, a considerable amount of legal praxis as well as international industry forms have been used as references. The most important include inter alia the model forms produced by FIDIC as well as Olli Norros' doctoral thesis "Vastuu sopimusketjussa". According to the conclusions of this study, the four principal ways to circumvent privity of contract in European construction projects include liability in a chain of contracts, collateral contracts, assignment of rights as well as security instruments. The contempo-rary European jurisdictions recognize these concepts and the references suggest that they are an integral part of the current market practice. Despite the fact that such means of circumventing privity of contract raise a number of legal questions and affect the risk position of particularly a subcontractor considerably, it seems that the impairment of the premise of privity of contract is an increasing trend in the construction industry.

Development of sales invoicing process in industrial services

The objective of this Master’s thesis is to find ways to streamline the invoicing process of the case company. In order to streamline the process, the bottlenecks and development areas of the present invoicing process needs to be identified. The bottlenecks are based on interviews made to personnel. The thesis also offers solutions to overcome the identified bottlenecks. The problem is the slowness of the invoicing process which should get rid off. The slow invoicing process causes delays in obtaining payments. There are many reasons for the slowness and inefficiency of the invoicing process. One of the biggest reasons is that the information systems are not deployed entirely. It causes additional work for everyone. Practices with the customers affect also to the smooth flow of invoicing. The contracts determine when the customer can be invoiced but also work approvals, missing work orders and customer’s own invoicing basis slow the process. The fastest and cheapest solution is to deploy the systems better and do things correctly. Thus duplicated work would decrease and resources would be saved. The work allocation should be modified and the practices with customer should be influenced too. In the future the meaning of IT should be highlighted and new devices exploited.

Development of remote monitoring process tools for biomass fired bubbling fluidized bed boilers

Remote monitoring of a power boiler allows the supplying company to make sure that equipment is used as supposed to and gives a good chance for process optimization. This improves co-operation between the supplier and the customer and creates an aura of trust that helps securing future contracts. Remote monitoring is already in use with recovery boilers but the goal is to expand especially to biomass-fired BFB-boilers. To make remote monitoring possible, data has to be measured reliably on site and the link between the power plant and supplying company’s server has to work reliably. Data can be gathered either with the supplier’s sensors or with measurements originally installed in the power plant if the plant in question is not originally built by the supplying company. Main goal in remote monitoring is process optimization and avoiding unnecessary accidents. This can be achieved for instance by following the efficiency curves and fouling in different parts of the process and comparing them to past values. The final amount of calculations depends on the amount of data gathered. Sudden changes in efficiency or fouling require further notice and in such a case it’s important that dialogue toward the power plant in question also works.

The Development of Public Finances and Role of Fiscal Constraints in a Monetary Union: Example eurozone

This thesis is about the development of public debt and deficit in the eurozone, which has been in the center of attention for much of the new millennium. The debt-to-GDP and deficit-to-GDP ratios have changed significantly during the period of the European monetary integration, with sharp increases in the levels since the beginning of the financial crisis. We view the levels both before and after the establishment of the European Central Bank. The subject is complemented by a study of the restrictions on fiscal policy in the eurozone. The thesis begins with a review of the most central agreements in the Economic and Monetary Union, namely the Maastricht Treaty, the Stability and Growth Pact and the Fiscal Compact. We study the instructions and requirements provided by these contracts, with the emphasis being on the debt and deficit values. Furthermore, we view two theories that aim to provide us with information, whether the fiscal restrictions are useful or not. The second and empirical part consists of review on the debt and deficit levels in practice. We take a close look on the values for each of the currency union members. The third and last part summarizes the findings, and analyzes the reasons behind the changes. The result of the thesis is, that even though the levels of public debt and deficit have worsened since the beginning of the financial crisis, tight rules on fiscal policy might not be the best possible solution. Private sector has played a crucial part in the increase of the debt levels, and tight rules have their impact on the long awaited economic growth in the eurozone. It is obvious, though, that some form of fiscal guidelines with scientific ground are needed in order to avoid excessive and harmful debt and deficit levels. The main task is to make these guidelines a more essential part of the fiscal policy in each of the member countries.

Availability, Data Privacy and Copyrights – Opening Knowledge via Contracts and Pilots

Availability, Data Privacy and Copyrights – Opening Knowledge via Contracts and Pilots, discusses how in Aviisi-project of National Library of Finland, the digital contents, and their availability topics dealt together with pilot organizations