Contracts for Infrastructure Projects: An International Guide to Application

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

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