Construction
and Real
Estate Law
with over
25 years of
experience.

Attorney at Law Juha Ryynänen Ltd.


I am specialised in construction law, especially in construction contracts. My services are used by private enterprises and public bodies that appreciate personal and professional service as well as efficiency.

 

Services


Construction law services in Finland.

Dispute resolution

Representing constructors and employers in disputes pertaining to construction contracts in final settlements of accounts and later in courts of law (litigation  and arbitration).

Consulting

Consulting constructors and employers in contract negotiations when making the contract, during the contract and upon termination.

Lecturing on contract law and General Conditions for Building Contracts (YSE 1998).

Professional expertise


Education

2016
Doctor of Laws, University of Helsinki
2001
Licentiate in Economic Sciences, Helsinki School of Economics
1998
Member of the Finnish Bar Association (Advocate)
1997
Master of Laws, trained on the bench at the Court of Appeal of Vaasa/Raahe District Court
1994
Master of Laws, University of Lapland, including studies at the Freie Universität Berlin

Other legal expertise
2016
The Finnish Arbitration Academy - Finland Chamber of Commerce
2002
Accredited Mediator of the Finnish Bar Association.

Language skills
Finnish, English, German, Swedish

Other
2016

major (in reserve)

Publications

Constructor´s liability on delay after the period of delay penalty
(Helsinki Court of Appeal 1.2.2018).
Edilex, Helsinki 2018.

Consultant´s Gross Negligence in the Light of a Court Decision
(Helsinki Court of Appeal 11.10.2016).
Edilex, Helsinki 2018.

Construction Contract – Prematurity of a Claim – Interpretation of Contract, Comments on a Decision, Supreme Court
[Urakkasopimus – kanteen ennenaikaisuus – sopimuksen tulkinta – oikeustapauskommentti KKO 2017:14.]
Edilex, Helsinki 2017.

International Construction Projects in Finland.
Construction Law International, March 2017, s. 9–11.

Construction Contract – Contractual liability after guarantee period – Interpretation of Contract, Comments on a Decision, Supreme Court
[Urakkasopimus – vahingonkorvaus – vastuu takuuajan jälkeen – sopimuksen tulkinta – oikeustapauskommentti KKO 2016:79].
Edilex, Helsinki 2016.

Project Management Contract – Interpretation of Contract, Comments on a Decision,
Helsinki Court of Appeal [Projektinjohtopalvelusopimus – sopimuksen tulkinta, oikeustapauskommentti (HO)].
Edilex, Helsinki 2016.

Variations in Construction Contract
[Urakkasopimuksen muutokset – Sopimusoikeudellinen tutkimus urakkasopimuksen dynaamisuudesta].
Edita, Helsinki 2016.

Construction Disputes in General Courts
[Urakkariidat yleisissä tuomioistuimissa].
Rakentajain kalenteri 2014.

Construction Disputes in Courts of Appeal
[Urakkariidat hovioikeuksissa].
Defensor Legis 5/2013 pp. 855-879.

Preparation by Parties in Civil Cases, Working Group Reports VIII of the Quality Project in the Courts in the Jurisdiction of the Court of Appeal of Rovaniemi
[Asianosaisvalmistelu riita-asioissa, Rovaniemen hovioikeuspiirin tuomioistuinten laatuhankkeen työryhmäraportteja VIII] (2007), pp. 123-136.

Marketing of Legal Services in Information Networks
[Asianajopalvelujen markkinointi tietoverkoissa].
Defensor Legis 6/2000, pp. 887-909.

Legal Assignments in the Web Environment, Traditional Contract Law and New Challenges
[Asianajotoimeksiannon syntyminen verkkoympäristössä, perinteinen sopimusoikeus ja uudet haasteet].
Defensor Legis 2/2000, pp. 290-313.

Controlled Foreign Corporation Laws in Finland and in Germany - A Comparative Study. Publications of the Helsinki School of Economics, B-14.
[Väliyhteisölainsäädäntö Suomessa ja Saksassa - oikeusvertailu. Helsingin Kauppakorkeakoulun julkaisuja, B-14]
Helsinki 1998.

In addition, several expert articles related to law published in several business magazines and newspapers.

Professional experience

Attorney-at-Law Advocate Juha Ryynänen Ltd.
2008-
Sole practitioner
Procopé & Hornborg Attorneys-at-Law Ltd.
2007-2008
Partner, member of the management team, chief of the Oulu branch office
Chairman of the real estate and construction specialist team
Chairman of the tort law specialist team
Member of the corporate acquisitions and transactions group
Attorneys-at-Law Prudentum Ltd
2006-2007
Partner, member of the board and management team
Attorneys' House Interlex Ltd.
1999-2006
Partner, CEO, member of the board.
Ahokas & Ryynänen Attorneys-at-Law
1994-1999
Partner

Professional confidential posts

Finnish Bar Association
2017-
Vice member of the board
2018-
Member of the Real Estate and Construction Law Specialist Group
2013-
Member of the Contract and Consumer Law Specialist Group
2001-2017
Defensor Legis, Member of the editing committee
2005-2012
Member of the expert group on civil law, the legal policy committee
2005-2008
Deputy member of the procedural committee
2005-2008
Member of the delegation
2001-2005
Vice member of the delegation
2002-2008
Oulun Branch, vice president
2000-2001
Oulun Branch, member of the board
Oulu Chamber of Commerce
2016-
Member of the economics and law committee
2008–2015
Member of the law and tax committee
2001–2008
Chairman of the law and tax committee

Doctoral thesis


Juha Ryynänen

Variations in Construction Contract
(Urakkasopimuksen muutokset – Sopimusoikeudellinen tutkimus urakkasopimuksen dynaamisuudesta)

Thesis Defense on 8 April 2016, at the University of Helsinki, Faculty of Law.

Abstract

Variations in Construction Contract

The purpose of this study is to answer the following question: How do changes in a construction project affect the contractual relationship between employer and contractor?

Traditionally, the contractual balance has been seen as a static equilibrium between reciprocal rights and duties as set forth by the parties at the time their agreement commences. For example, in a sales contract the seller and buyer determine the balance between goods sold and sales price at the time the contracts commences. The traditional view of contractual balance is best suited to a short-term contract, which is agreed under the assumption of perfect information.

In contrast to a sales agreement, a construction contract is typically a long-term agreement which is incomplete at its birth. A construction contract is typically subject to changes (changes in works, costs and/or timing) that occur during the construction project after the date the agreement commences. Some of the relevant changes result from unexpected changes in circumstances over which the parties have no control, but some are under their control i.e. variation orders given by the employer. Regardless of its origin, a change may have an impact on works (including impact on the scope, timing and order of the works), contract price and/or contract time. In this study works, price and time are described as the dynamic components of a construction contract.

This study proposes a model of contractual balance based on an equilibrium between the dynamic components mentioned above.  Changes and the contractual balance are managed through rules of completion.

The rules of completion can be divided into primary and secondary rules of completion. The primary rules of completion include those rules agreed to by the parties in the contract, taking into account the limitations of mandatory rules of law and good building practice. The secondary rules of completion apply to situations not covered by the primary rules of completion. This study identifies four secondary rules of completion: the in dubio contra stipulatorem rule, the in dubio minimis rule, the effectlessness rule (fin. vaikutuksettomuusolettama) and the proportionality rule (in Finnish suhteellisuussääntö).

The rules of completion and their implementation are discussed in detail, taking into account general terms of contract, especially YSE 1998.

Contacts


Juha Ryynänen

Advocate, Doctor of Laws, Licentiate in Economic Sciences

Email: asianajaja(ät)juharyynanen.fi
Skype: juha.m.ryynanen

Attorney at Law Juha Ryynänen Ltd.
Sepänkatu 20, 90100 Oulu, Finland
Business ID 2272923-0