International Construction Contracts

Godwin, William 지음

Wiley-Blackwell 2012년 12월 12일 출간

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Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract.International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with quot;pleadingsquot;, a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided.Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.

목차

Preface xiiiForeword by Vivian Ramsey xvAcknowledgements xviiAbout the Author xixPart I 11 Contract 31.1 What is a contract? 31.2 Agreement 41.3 Do contracts need to be in writing? 51.4 Other elements of a contract 51.5 Capacity and authority 61.6 Importance of a written contract 81.6.1 Clarity and certainty 81.6.2 Procedures 91.6.3 Risk allocation 91.7 What should a properly written construction contract cover? 101.7.1 FIDIC contracts 111.7.2 Programme 121.7.3 Delays and extensions of time 121.7.4 Delay damages 131.8 Tailoring the contract 142 Risk 152.1 How risk may be allocated 152.2 The ‘traditional&' approach to risk 162.3 EPC/turnkey projects 182.4 BOT-type projects 182.4.1 Parties to a BOT-type project 182.4.2 Contracts involved in a BOT-type project 202.5 The FIDIC Silver Book 222.6 Particular risks: The unforeseen and design 242.6.1 Unforeseeable physical conditions 242.6.2 Design responsibility 243 Types of Construction Contract 273.1 Lump sum contracts 273.2 Prime cost or reimbursable contracts 283.3 Unit price contracts 283.4 Target contracts 293.5 Which contract? 29Part II 314 The FIDIC Design-Build Contracts 334.1 Some key general provisions 344.1.1 Communications: Clause 1.3 344.1.2 The law and the language of the contract: Clause 1.4 354.1.3 The priority of documents: Clause 1.5 354.1.4 Compliance with laws: Clause 1.13 364.2 The Employer 374.2.1 The right of access to, and possession of, the site: Clause 2.1 374.2.2 Evidence of the Employer&'s financial arrangements: Clause 2.4 374.2.3 Employer&'s claims against the Contractor: Clause 2.5 384.3 Con

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저자(글) Godwin, William

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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.