Contracts for Infrastructure Projects: An International Guide to Application

Description

Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars.

The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties.

It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.

Table Of Content
Table of figures and tables Acknowledgements Foreword 1 Introduction 2 Contract law 3 Construction contracts 4 Lex Constructionis 5 Entry into the Contact 6 General provisions 7 The Employer 8 The Engineer 9 The Contractor 10 Subcontracting 11 Design 12 Staff and labour 13 Plant, materials and workmanship 14 Commencement, delays and suspension 15 Planning and programming for construction contracts 16 Tests On and After Completion 17 Employer’s Taking-over 18 Defects after Taking Over 19 Measurement and evaluation 20 Variations and adjustments 21 Contract Price and payment 22 Termination by the Employer 23 Suspension and termination by the Contractor 24 Care of the Works and indemnities 25 Exceptional events 26 Insurance 27 Employers and Contractor’s Claims 28 Dispute avoidance and resolution 29 The Impact of ICT on Construction Contracts 30 Glossary 31 Appendix A Matters for Consideration when drafting a construction contract 32 Appendix B Risk Factors 33 Appendix C Global claims 34 Index