International Construction Contract Law

1. Auflage 2015
ISBN: 978-1-118-71790-5
Verlag: John Wiley & Sons

Buch, Englisch, 560 Seiten, Format (B × H): 171 mm x 250 mm, Gewicht: 1112 g

Large international construction projects often have a range of major contractors, subcontractors and consultants based in different parts of the world and working to different legal theories and understandings. This can lead to confusion in the understanding, interpretation and execution of the construction contract, which can result in significant disruption to the construction project.
International Construction Contract Law is written for anyone who needs to understand the legal and managerial aspects of large international construction projects, including consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide. In 18 chapters it provides a thorough overview of civil law /common law interrelationships, delivery methods, standard forms of contract, risk allocation, variations, claims and dispute resolution, all in the context of international construction projects. Highly practical in approach - it introduces legal analysis only when absolutely essential to understanding, the book also contains a range of useful appendices, including a 10-language basic dictionary of terms used in FIDIC forms.

Autoren/Hrsg.

Klee, Lukas

Inhaltsverzeichnis

About the Author xv
Foreword xvii
Svend Poulsen
Acknowledgements xix
Introductory Remarks xxi
Shuibo Zhang
Introductory Remarks xxiii
Robert Werth
Introductory Remarks xxv
Ilya Nikiforov
1 International Construction Projects 1
The Engineer's certifications and fair determinations 7
The Engineer's responsibilities and liabilities 9
Vignette: Wrong forms of contract by James Bremen (UK) 18
ARGE 22
References 22
Further reading 23
2 Civil Law and Common Law 24
Vignette: The common law of Australia and the influence of statutory law by Donald Charrett (Australia) 26
Vignette: Is an employer in breach of contract prevented from terminating the contract for its convenience? by Cecilia Misu (Germany) 44
References 49
Further reading 49
Website 50
3 Common Delivery Methods 51
References 65
Further reading 65
4 Specifics of EPC and EPCM 66
Vignette: Water treatment, wind farm and road construction projects in Asian and African countries by Stephane Giraud (France) 71
Vignette: Key issues in the procurement of international hydropower construction contracts by Alex Blomfield (UK) 73
Vignette: The use of the EPCMdelivery method in the mining industry by Mark Berry (UK) and Matthew Hardwick (UK) 79
Reference 86
Further reading 87
5 Unification and Standardization in International Construction 88
INCOTERMS 90
Vignette: A common law of construction contracts - or vive la difference? by Donald Charrett (Australia) 98
Vignette: Future-proofing construction contracts by Shy Jackson (UK) 102
References 105
Further reading 105
Websites 105
6 Price 106
Vignette: Taxation in international construction contracts by Alex Blomfield (UK) 115
Vignette: A concept of variation in a construction contract under Polish public procurement by Micha³ Skorupski (Poland) 123
References 126
Further reading 126
Websites 127
7 Time 128
Vignette: Time extension and float ownership under the FIDIC Red and Yellow Books (1999 editions) (BAMCO FDTEA final argument) by Frank Thomas (France) 133
Vignette: Delay clauses in different jurisdictions by Jacob C. Jorgensen (Denmark) 149
Vignette: A lack of realism in negotiations by James Bremen (UK) 154
Employer suspension 156
Contractor suspension 156
References 160
Further reading 160
8 Variations 161
Vignette: The US approach to constructive acceleration by Robert A. Rubin and Sarah Biser (the USA) 170
Vignette: Modification of contracts during their execution under EU law by Odysseas P. Michaelides (Cyprus) 176
References 180
Further reading 180
Websites 180
9 Claims 181
Vignette: Claims caused by deficiencies in tender documents by James Bremen (UK) 184
Vignette: Claims in the St Petersburg flood protection barrier construction by Aleksei Kuzmin (Russia) 186
Vignette: Construction claims in the UK by Garry Kitt (UK) 193
Vignette: Condition precedent and time-barred claims under Polish Law by Micha³ Skorupski (Poland) 196
Vignette: Australian position on time bars by Andrew P. Downie (Australia) 197
References 204
Further reading 204
10 Claim Management 205
Site overhead claims 210
Vignette: Considerations related to site overhead claims by Gary Kitt (UK) 210
Headquarters overhead claims 212
Subcontractor claims 215
Lost profit claims 215
Financial costs and interest claims 216
Increased cost of material, labour and equipment 217
Claim preparation costs 217
Vignette: All global claims are not negatively 'global'! by Frank Thomas (France) 223
Vignette: Cultural considerations in Southeast Asia by Salvador P. Castro, Jr. (The Philippines) 228
Vignette: 'Claim' as perceived in the Polish civil law environment by Micha³ Skorupski (Poland) 230
Vignette: Claims in a tunnel construction in the Republic of Serbia by RadimWrana (the Czech Republic) 232
References 234
Further reading 234
11 Construction Dispute Boards 235
Vignette: Construction dispute in sheet metal galvanizing line project by Patrick Kain (South Africa) 235
Vignette: Project dispute avoidance by Christopher J. Mather (the USA) 238
Vignette: The use of dispute boards in the Middle East and North Africa by Andy Hewitt (United Arab Emirates) 245
Vignette: Statutory adjudication by Nigel Grout (UK) 254
Vignette: Settling construction disputes in Hungary by Tamas Balazs (Hungary) 256
Vignette: Statutory adjudication in Australia by Donald Charrett and Andrew Downie (Australia) 258
References 264
Further reading 265
12 FIDIC 266
Vignette: The use of FIDIC forms in Southeast Asia by Salvador P. Castro, Jr. (The Philippines) 270
Vignette: The use of FIDIC forms in Russia by Dmitry Nekrestyanov (Russia) 271
Vignette: The use of FIDIC forms in Brazil by Rafael Marinangelo (Brazil) 272
Vignette: Misapplications of FIDIC contracts in the United Arab Emirates by Kamal Adnan Malas (United Arab Emirates) 278
Vignette: Use of FIDIC contracts by the mining industry in Africa by Coenraad Snyman (South Africa) 289
Employer's risks 291
Contractor's risks 293
Vignette: China's Standard form of construction contract in comparison with FIDIC forms by Shuibo Zhang (China) 294
Vignette: Explanation of FIDIC EPC risk allocation by FIDIC 299
References 303
Further reading 303
13 Other Standard Forms of Construction Contracts: NEC, ICC, ENNA, IChemE, Orgalime, AIA, VOB 305
Vignette: The standard forms of construction contract in Australia by John Sharkey (Australia) 325
References 328
Further reading 328
Websites 329
14 Risk and Insurance 330
Vignette: Weather risk in offshore wind construction contracts by Alex Blomfield (UK) 334
Design risk and insurance 343
General insurance requirements 343
Insurance for works and contractor's equipment 344
Insurance against injury of persons and damage to property 344
Insurance for contractor's personnel 344
Vignette: Insurance in hydroenergy projects by Alex Blomfield (UK) 345
Vignette: Incompatibility of the construction contract with the insurance contract by Karel Fabich (the Czech Republic) 348
Conditions of ABU - Section A 350
Conditions of ABN - Section A 351
CAR terms 351
EAR terms 352
References 352
Further reading 352
Website 353
15 Risk in Underground Construction 354
Vignette: Water-related construction projects by Robert Werth (Germany) 361
Vignette: Clairvoyance: A contractor's duty? by Gustavo Paredes and KatherineWaidhofer (Peru) 366
References 370
Further reading 370
Website 371
16 Securities 372
Vignette: Performance security and termination payment security in hydroenergy projects by Alex Blomfield (UK) 377
Vignette: Common law specifics related to securities by Rupert Choat and Aidan Steensma (UK) 379
Further reading 384
17 Civil Engineering Works: Infrastructure Construction Projects 386
Vignette: Construction of airports by Patrick Kain (South Africa) 390
Vignette: The Romanian experience by Claudia Teodorescu (Romania) 395
Vignette: FIDIC forms and contractual relationships in Poland by Aleksandra Marzec (Poland) 399
Vignette: Market environment prior to and after 2008 by Micha³ Skorupski (Poland) 402
Vignette: Claims considerations by Aleksandra Marzec (Poland) 408
Vignette: Contractor defence measures by Micha³ Skorupski (Poland) 412
Vignette: Local limits for development: An interview with Shy Jackson (UK) by Lukas Klee (the Czech Republic) 416
References 421
Further reading 421
Websites 422
18 Building Construction: Health Care Facilities 423
Further reading 431
Appendix A: Interactive Exercises 433
Appendix B: Sample Letters 441
determination of the engineer 448
Appendix C: Dictionary of Construction Terms: Chinese, Czech, English, French, German, Hungarian, Polish, Portuguese, Russian, Spanish 461
Appendix D: Claim Management System under FIDIC Forms 478
Claims, Mutual Claims in a Joint Venture 480
Appendix E: FIDIC Forms Risk Allocation Charts 484
Appendix F: Engineer's Determination Within the Ambit of the 1999 Edition of the FIDICContract Forms: A Case Study of Contractor's Claims in Respect of Sand and Gravel Borrow Areas 487
Khalil T. Hasan

Über Autor(innen)

Lukas Klee, JD, LL.M., Ph.D., MBA, is an international construction law expert, adjudicator and currently head of the legal department at Metrostav a.s., a large construction company based in central Europe. For over a decade Lukas has dealt with international construction contracts (FIDIC) on a daily basis and has participated in large construction projects in the Czech Republic and internationally. When away from the office, he lectures on international construction law, at the Charles University Faculty of Law in Prague, the Czech Technical University in Prague and at the University of Warsaw Faculty of Law.
Over the course of his LL.M. studies at Nottingham Trent University and PhD studies at the Charles University Faculty of Law, Lukas focused on FIDIC forms of contracts. His MBA dissertation at Sheffield Hallam University further examined claim management implementation.
Lukas regularly gives lectures for many organizations including FIDIC, provides training, publishes articles worldwide and is the author of several books related to international construction law.