CONTRACTUAL LIABILITY OF WAREHOUSEKEEPER

The paper focuses on the contractual liability of a project engineer and the consulting engineer, which means that misdemeanour and criminal liability will be neglected, as well as the moral duties that these persons have as members of an autonomous organization (in Serbia, it is the Serbian Chamber of Engineers). Non-contractual (tort) liability also remained outside the scope of the paper. The project engineer and consulting engineer are professionals – an architectural engineer, so a high degree of attention is required of them, expressed through the legal standard of a good expert. The requirement is that the project engineer acts independently, which means that he is not an employee and that he does not perform his work for the employer. There is no employment contract between the project engineer and the client. He assumes his obligation arbitrarily, by concluding a contract with the client. As neither the contract for the design of the building nor the contract for the supervision of the performing of works are regulated by the Law on Obligations, the content of the contract is left to the contracting parties. The aim of this paper is to determine the basis of contractual liability for the main obligations that project engineer and consulting engineer assume. The paper also focuses on trying to define the origin and basis of liability for the soundness of the building.