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. Cover Half Title Series Title Copyright Dedication Contents List of illustrations List of tables Author biographies Acknowledgements Foreword List of cases Legislation Chapter 1 Introduction Chapter 2 Contract law Chapter 3 Construction contracts Chapter 4 Lex constructionis Chapter 5 Entry into a contract Chapter 6 General provisions Chapter 7 The Employer Chapter 8 The Engineer Chapter 9 The Contractor Chapter 10 Subcontracting Chapter 11 Design Chapter 12 Staff and labour Chapter 13 Plant, materials, and workmanship Chapter 14 Commencement, delays, and suspension Chapter 15 Planning and programming Chapter 16 Tests on and after completion Chapter 17 Employer’s Taking-Over Chapter 18 Defects after Taking-Over Chapter 19 Measurement and valuation Chapter 20 Variations and adjustments Chapter 21 Contract price and payment Chapter 22 Termination by the Employer Chapter 23 Suspension and termination by the Contractor Chapter 24 Care of the Works and indemnities Chapter 25 Exceptional events Chapter 26 Insurance Chapter 27 Employer’s and contractor’s claims Chapter 28 Dispute avoidance and resolution Chapter 29 The impact of ICT on construction contracts Glossary of terms Appendix A: Matters for consideration when drafting a construction contract Appendix B: Risk factors in the construction of infrastructure projects Appendix C: Global claims Index