Article | REF: MT9080 V1

Legal management of contractual relations in industrial maintenance

Author: Danièle VERET

Publication date: October 10, 2008

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2. Managing difficulties

During the performance of a contract, it is not uncommon for difficulties of various kinds to arise. Operational analysis of these difficulties is combined with legal analysis to identify breaches of legal rules or contractual obligations.

2.1 Traceability of difficulties encountered and legal analysis

A table listing the main obligations of the parties to a risk factor enables you to monitor the progress of the contract from a legal point of view. Each time a problem arises, we need to consider not only whether each party has fulfilled its obligations, to determine whether or not there has been a breach of duty, but also whether the problem is consistent with the law, regulations, professional practices and case law trends. It will inevitably be necessary...

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