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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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International Construction Contracts: A Handbook

ISBN13: 9780470655726
Published: January 2013
Publisher: Wiley-Blackwell
Country of Publication: UK
Format: Paperback
Price: £58.50

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Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements.

In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract.

International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party’s interests.

Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with ‘pleadings’, a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided.

Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.

Construction Law
About the Author
I. What is a Contract?;
1. A working definition;
2. Agreement;
3. Do contracts need to be in writing?;
4. Other elements of a contract;
5. Capacity and authority;
6. Importance of a written contract;
7. What should a properly written construction contract cover?;
8. Tailoring the contract
Chapter 2 Risk;
9. How risk may be allocated;
10. The ‘traditional’ approach to risk;
11. EPC/turnkey projects;
12. BOT-type projects;
13. Parties to a BOT-type project;
14. Contracts involved in a BOT-type project;
15. The FIDIC Silver Book;
16. Particular Risks: the Unforeseen and Design;
Chapter 3 Types of Construction Contract
17. Lump sum contracts;
18. Prime cost or reimbursable contracts;
19. Unit price contracts;
20. Target contracts;
21. Which contract?;
Chapter 4 The FIDIC Design-Build Contracts;
22. Some key general provisions;
23. The Employer;
24. Contract Administration and the role of the Engineer;
25. The Contractor;
26. Design;
27. Staff and Labour;
28. Plant, Materials and Workmanship;
29. Time: Commencement, Delays and Suspension of the Works;
30. Tests on Completion;
31. Employer’s Taking Over;
32. Defects Liability;
33. Tests after Completion;
34. Variations and adjustments to the contract price;
35. Payment;
36. Termination by the Employer;
37. Suspension and Termination by the Contractor;
38. Risk and Responsibility;
39. Insurance;
40. Force Majeure;
41. Contractor’s claims, disputes and arbitration;
Chapter 5 Disputes and How to Resolve Them;
42. Introduction;
43. Legal Aspects of a Construction Project;
44. Kinds of Claim;
45. Making a Claim;
46. Who decides whether to accept a claim?;
47. Dispute Review Boards and the FIDIC DAB;
48. Methods of Dispute Resolution;
49. Arbitration;
50. How are International Arbitrations conducted?;
Yugo Design Company v Sino Industries Corporation: an ICC Arbitration from Start to Finish;
Rules of Arbitration of the International Chamber of Commerce;
Rules of Arbitration of the Singapore International Arbitration Centre;