Major Issues in International Construction Law

Comprehensive guide to navigating the major issues that arise in international construction projects, featuring contributions from leading international practitioners Major Issues in International Construction Law is an edited volume devoted to the major issues that arise in international construction, covering the project from its inception and design to procurement of goods and services to execution, closeout, and dispute resolution. As such, the book enables readers around the world to identify and address the many unique issues that may arise during these various stages of the construction process. Each chapter features contributions from leading practitioners around the world who regularly practice in the field, allowing for the representation of diverse points of view (common law, civil law, public, private, etc.). The text features succinct, practice-oriented summaries at the beginning of each chapter, as well as valuable key takeaways and coverage of the UN Sustainable Development Goals throughout. Major Issues in International Construction Law includes information on: Project delivery methods, including design-bid-build, design-build, multiple prime, turnkey, public private partnerships, alliancing, and partnering Payment issues, covering lump sum, cost-plus, and unit pricing, statutory holdback, liens, and payment security Construction contract parties, covering owners, contractors, designers, engineers, subcontractors, insurers, guarantors, and banks Insurance, covering builder’s risk, general liability, and political risk Paths to the prevention of claims, including NEC early warnings and risk registers, project meetings, and design professional determinations Major Issues in International Construction Law is an excellent reference for construction law practitioners involved in cross-border transactions or disputes. Academics who teach construction law or construction management will also find the text valuable.

List of Contributors xxv 1 The International Construction Contract 1 2 Legal Aspects of Pre-construction Activities 29 3 Project Delivery Methods 47 4 Payment Issues 81 5 The Parties 107 6 The Designer 123 7 The Engineer 139 8 Public Procurement 159 9 Project Financing 187 10 Subcontractor Claims 209 11 Testing and Certification Under Construction Contracts 227 12 Insurance 251 13 Variations 269 14 Prevention of Claims: The Various Paths 297 15 Claims: Their Administration 333 16 Owners’ Claims 351 17 Delay Damages 383 18 Contractor Claims 407 19 Investment Treaty Claims by the Contractor 425 20 Investment Treaty Claims by the Owner 445 21 The Duty of Solidarity and Its Limits 463 22 Contract Termination 483 24 Statutory Adjudication 529 25 Mediation 553 26 Construction Commercial Arbitration Peculiarities 577 Index 615