• Professional News
  • 21 March 2017

New rules for social responsibility in the construction industry

The Danish Association for Responsible Construction (Foreningen for Byggeriets Samfundsansvar) has now completed its new rules for social responsibility in the construction sector. The rules, comprising four paradigms, are designed to assist public as well as private-sector employers in actively incorporating social responsibility into tender documents and contracts.

Following an extensive dialogue with relevant industry organisations and the members of the association, the paradigms have been adjusted and updated. There are four sets of paradigms aimed at EU tender procedures, tender procedures subject to the Utilities Directive, tender procedures under the Danish Act on Tendering Procedures for Work Contracts (tilbudsloven), and tender procedures initiated by private employers.

Significant new features of the paradigms concern the approach to labour clauses and chain liability. In these areas the paradigms suggest a choice, where the employer may either apply objective chain liability for the main contractor (liability for sub-contractors' compliance with required wage and work conditions) or less stringent liability, according to which the main contractor may avoid liability if he has exercised "due diligence" and made a material effort to avoid violation of the relevant sub-contractor's labour clauses.

Bech-Bruun law firm has assisted in the drafting of the paradigms in collaboration with Horten law firm.

For more information about the paradigms go to Foreningen for Byggeriets Samfundsansvar (in Danish only).

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