FIDIC: An Analysis of International Construction Contracts

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Kluwer Law International, 2005 - 391 pagine
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All of the worlds legal systems focus on the sanctity of contracts, and on damages as the remedy for breach of contract. Yet parties to international contracts often adhere to differing legal theories and fundamental notions that can lead to misunderstandings misunderstandings that can wreak havoc with large-scale construction and civil engineering projects.

In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) the contract forms most widely used for international construction undertakings twenty-two outstanding authorities in construction law from a wide variety of countries describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. The countries covered are Brazil, Egypt, England, France, Germany, India, Japan, Malaysia, The Netherlands, Saudi Arabia, Sweden, and the United States. The books great usefulness, however, is not limited to these countries; as the editor points out in his introduction, legal systems are so widely shared among groups of countries that reasonable extrapolation is available here to virtually any construction site on earth.

The treatment covers such topics as:

  • allocation of risk;
  • the FIDIC flow chart for settling disputes;
  • post-completion responsibility of the parties;
  • disputes relating to non-contractual claims;
  • allegations of fraud or gross negligence;
  • dealing with bribery and extortion;
  • delay and disruption;
  • proving entitlement to extension of time;
  • right to deduct liquidated damages;
  • changed conditions;
  • rights of subcontractors and suppliers; and
  • unforeseeability.

This very useful book will be extremely welcome to in-house counsel who must evaluate the legal disposition of a proposed or pending construction contract subject to the laws of a foreign jurisdiction. It will continue to be of service as long as the project proceeds and beyond, particularly for the optimal resolution of disputes.

 

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Indice

Brazil
1
Egypt
21
England
37
France
79
Germany
87
India
127
Japan
189
Malaysia
229
Netherlands
251
Saudi Arabia
259
Sweden
277
Switzerland
313
United States of America
343
Index
385
Copyright

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Global engineering and construction
J. K. Yates
Visualizzazione frammento - 2007

Informazioni sull'autore (2005)

Robert Knutson has Canadian citizenship and is an English (London) resident. He qualified as a Barrister and Solicitor through the Law Society of British Columbia, Canada in 1983 and has a Masters of Law degree in Public International Law from the University of London (1984). He also has a Masters of Science degree in Construction Law and Arbitration (1991). In 1997 he was awarded a Masters of Philosophy in International Arbitration Law. He is a Solicitor of the Law Society of England and Wales (1988), was a Partner in Masons Solicitors from 1996 to 2002 and has been Of Counsel to Corbett & Co. International Construction lawyers since 2002. He specialises, amongst other things, in comparative legal systems and the legal aspects of international contracts.

Wilfred Abraham, Head of the Arbitration and Alternative Dispute Resolution practice group at Zul Rafique & Partners. "Fields of Practice: " Frequently appearing as counsel and arbitrator; contentious work; he provides advice and drafts building contracts for specialised projects such as cement mills, power generation plants, and infrastructure projects. He has over 20 years' experience in dispute resolution with particular emphasis on arbitration.

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