Systematization of legal relationships between stakeholders in the construction process: from legal principles of obligation to technical implementation

The thesis provides a comprehensive overview of the legal relationships among stakeholders in the Slovenian construction process, with a special focus on the connection between contract law principles and the technical implementation of construction projects.

The fundamental issue arises from numerous challenges on construction sites, where unclear agreements regarding responsibilities and obligations, as well as a lack of understanding of legal provisions among investors, designers, supervisors, and contractors, often lead to delays, conflicts, and reduced efficiency and quality of construction.

The purpose of the thesis is a comparative analysis of contractual and organizational differences between the construction of a residential building and a viaduct, aiming to propose solutions for improving contractual regulation and project organization.

The theoretical part systematically covers the principles of contract law, the Construction Act, the Public Procurement Act, and professional norms and standards, which together form the legal framework of Slovenian construction. The research relies on an analysis of publicly available legislative sources, professional literature, and practical examples.

The practical part presents a comparative analysis of a residential building and a viaduct in terms of legal, technical, and organizational aspects. It finds that residential projects usually benefit from standardized contractual frameworks, ensuring greater legal security and fewer conflicts.

In contrast, viaduct projects involve multidimensional complexity, the use of specialized clauses, higher legal and technical requirements, and the inclusion of public interest, which demands advanced risk management, extended insurance, and phased approvals.

The analysis confirms that pre-agreed responsibilities and the inclusion of all key participants in the preliminary phase of a construction project are essential for effective execution, reducing the number of conflicts, and enabling better utilization of expertise and resources. An efficient project team supported by an interdisciplinary approach is key to success in modern construction.

The thesis also highlights the importance of timely legislative updates, consistent inclusion of safety provisions, and the establishment of a national database of standardized contract clauses.

Additionally, a comparison of domestic and foreign measures for young people’s access to housing shows that Slovenian measures are still inadequate compared to best practices abroad.

Based on the findings, the thesis recommends: upgrading contract standardization in all types of construction, introducing digital tools in project documentation, tightening insurance requirements, and promoting professional training for all stakeholders.

The research confirms in practice that transparent legal relationships, optimal task division, and modern project management are crucial for long-term quality and safety in construction projects in Slovenia.