Att tala är guld - En utredning kring informationsutbyte i entreprenadförhållanden

Sammanfattning: For a successful construction project, it is necessary that the parties have good communication and collaboration. However, the regulation regarding the parties' exchange of information is somewhat unclear. The parties are responsible for ensuring that the provided information is correct, but there is some uncertainty regarding what is required for information to be considered provided. The person who receives information has in some cases an obligation to notify of deficiencies that has been discovered, as well as an obligation to review received documents. The meaning of the latter obligation is, in my view, unclear. By applying the method of interpretation that has been developed in case law, I have intended to establish what is required for information to be considered provided, as well as what the parties' obligation to review entails in more detail. In interpreting what is required, optional law has been of major guidance. I have found that the recipient's impression of the provided information is of decisive importance for the question of liability. In interpreting the parties' obligation to review, however, the regulation within construction contract law prevents guidance from being sought in the optional law. This means that no more detailed requirements can be set for the parties' obligation to review information. The parties shall only review such deficiencies that actually have been discovered. I have not found it necessary to change the regulation of the parties' responsibility for provided information to further promote communication and collaboration. However, the introduction of a provision resulting in that the contractor can contribute with competence more freely without risking liability can further promote these interests. I have found the regulation concerning the parties' obligation to review information unsatisfactory, by introducing an obligation to notify deficiencies that the parties must discover, a more even distribution of the parties 'responsibilities and obligations is achieved, which should promote the parties' communication and cooperation.