Entreprenadens omfattning - Studie i fastställandet av utförandeentreprenaders omfattning med grund i MER och AMA

Sammanfattning: The thesis involves an attempt to investigate MER and AMAS’s relationship with AB 04 and which role they play in determining the scope of the contract. The thesis determines the applicable law by using the legal dogmatic method. Swedish construction contract law has for a long period of time been defined by the use of a standard form contract called AB 04. Swedish construction contract law is a distinct type of contract with many distinct features and should not be seen as defined by the use of AB 04. These features should therefore have an impact when interpreting the contract, rather than the use of standard form contract. Traditionally, disputes have been settled through arbitration, but in recent years the Swedish court has taken more interest in construction contract law. The court has been focusing on methods of interpreting and how and when different documents of the agreement shall be given priority. What distin-guishes the interpretation of contracts based on AB 04 from traditional service contracts is that AB 04 contains several different internal contracting rules that must be used in determining the scope of the contract. The scope of the contract depends on the agreement between the parties, why the courts interpreting is of great interest. In the event of a dispute regarding the terms of the contract the court has given standard contract documents, MER and AMA, a greater relevance than before. Traditionally, AMA and MER’s applicability has depended on whether they are referred to in the terms of the contract. This no longer seems to be the case. The conclusion of the thesis is that the Supreme Court of Sweden does not give MER and AMA the same strict meaning as the Construction contract committee of Sweden. If the Construction contract committee of Sweden wants to see a change in courts interpretation of contractual contracts, they need to clarify the relationship between the regulations. This can only be done through a revision of AB 04.