International Construction Contracts A Handbook

by Godwin, William

• ISBN13: 9780470655726
• ISBN10: 0470655720
• Edition: 1st
• Format: Paperback
• Copyright: 2013-02-18
• Publisher: Wiley-Blackwell

Summary

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.

Author Biography

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.

Table of Contents

Foreword

Preface

About the Author

Acknowledgments

PART ONE

Chapter 1 CONTRACTS

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?

PART TWO

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

PART THREE

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?

APPENDIX I

Yugo Design Company v Sino Industries Corporation: an ICC Arbitration from Start to Finish

APPENDIX II

Rules of Arbitration of the International Chamber of Commerce

Rules of Arbitration of the Singapore International Arbitration Centre

Index