The FIDIC Conditions of Contract and Domestic Construction Law: A Guide for Global Dispute Resolution

The FIDIC Conditions of Contract and Domestic Construction Law is a book furnishing a comprehensive country-by-country description and analysis of how domestic construction law impacts FIDIC contracts. Parties to an international construction contract often use the standardized set of contract terms published by the International Federation of Consulting Engineers, known as the FIDIC Conditions. However, FIDIC terms apply within the boundaries of domestic law, which not only governs the formation, interpretation, and validity of FIDIC contracts but also fills gaps and shapes the expectations of the respective parties or decision-makers in disputes. Thus, parties and their counsel must be thoroughly informed of the same.

Seeking to mitigate the risk of disputes—and detailing how to proceed when a dispute arises—and with abundant reference to case law, contributions by eminent practitioners and academics in each country examine the following issues and topics:

• cultural and legal differences between business actors
• how domestic law determines the formation, interpretation and validity of FIDIC contracts
• how domestic law can be used to fill gaps and complement the FIDIC Conditions
• drafting particular conditions of contract

A deep understanding of how FIDIC terms interact with domestic law assists parties to assess their obligations during the contract’s performance and resolve disputes globally. Correspondingly, this systematic analysis of the interplay between the FIDIC Conditions and domestic construction law in numerous jurisdictions worldwide will prove to be invaluable to international construction firms, in-house counsel, and construction law professionals.

table of content

Preface

CHAPTER 1. FIDIC CONTRACTS AND ARGENTINE LAW

CHAPTER 2. FIDIC CONTRACTS AND BRAZILIAN LAW (PART 1)

CHAPTER 3. FIDIC CONTRACTS AND BRAZILIAN LAW (PART 2: DEFECTS LIABILITY)

CHAPTER 4. FIDIC CONTRACTS AND CHILEAN LAW

CHAPTER 5. FIDIC CONTRACTS AND ENGLISH LAW

CHAPTER 6. FIDIC CONTRACTS AND FRENCH LAW

CHAPTER 7. FIDIC CONTRACTS AND GERMAN LAW

CHAPTER 8. FIDIC CONDITIONS AND THE LAWS OF HONG KONG AND SINGAPORE

CHAPTER 9. FIDIC CONTRACTS AND INDIAN LAW

CHAPTER 10. FIDIC CONTRACTS AND THE LAW OF THE HASHEMITE KINGDOM OF JORDAN

CHAPTER 11. FIDIC CONTRACTS AND THE LAW OF THE UNITED MEXICAN STATES

CHAPTER 12. FIDIC CONTRACTS AND DUTCH LAW

CHAPTER 13. FIDIC CONTRACTS AND PERUVIAN LAW

CHAPTER 14. FIDIC CONTRACTS AND THE LAW OF THE KINGDOM OF SAUDI ARABIA

CHAPTER 15. FIDIC CONTRACTS AND KOREAN LAW

CHAPTER 16. FIDIC CONTRACTS AND SWEDISH LAW

CHAPTER 17. FIDIC CONTRACTS AND SWISS LAW