The book provides clear, concise and practical guidance on the understanding, negotiation and management of contracts for international construction and engineering projects. It covers, in a simple and straightforward way, the main features of construction contracts, the underlying notions on which they are based and the various dispute resolution procedures available should a dispute arise, with the aim of ensuring the construction professional (engineer or other non-lawyer) engaged on an international project has an awareness of the types of issue that typically arise on the contractual side of the project.
William Godwin is a barrister specialising in construction, engineering, energy and infrastructure projects and has over twenty years’ experience of international construction acting for contractors, employers, developers and consultants in projects of all kinds. A regular speaker at the FIDIC international users’ conferences, William conducts accredited training in the FIDIC contracts through Matrix Seminars, is an arbitration panel member of the China International Economic and Trade Arbitration Commission and the Dubai International Arbitration Centre, and an approved adjudicator of the English Technology and Construction Bar Association.
About the Author
Chapter 1 CONTRACTS
I. What is a Contract?
1. A working definition
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
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
36. Termination by the Employer
37. Suspension and Termination by the Contractor
38. Risk and Responsibility
40. Force Majeure
41. Contractor’s claims, disputes and arbitration
Chapter 5 Disputes and How to Resolve Them
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
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