International Construction Contracts

International Construction Contracts

The aim of this Handbook is to provide concise and practical guidance on the
contractual aspects of international construction and engineering projects to
all those involved in negotiating and managing them.
The aim is not to present an academic textbook but to set out clearly and in
straightforward language the main features of construction contracts of which
anyone involved in an international project should be aware.
We illustrate many of these features by reference to the current, well-known
international standard form FIDIC contracts: the contract forms published since
1999 by the Fédération Internationale Des Ingénieurs-Conseils (the International
Federation of Consulting Engineers). Among these FIDIC contracts are two
design-build forms, the Yellow and the Silver Books, and we examine these
systematically in the second part of this Handbook. We focus on them because
design-build contracting, in which the contractor takes responsibility for all or
most of the design, is increasingly the norm in international projects.

This Handbook covers such basic questions as: What is a contract? How is
a contract to be distinguished from the various negotiations taking place

between the parties before the contract is formed? How are the risks of con-
struction typically allocated between the parties to a construction contract?

And what do features of the FIDIC Red and Silver Books, for example, tell us
about risk allocation in different types of project structure? One important
type of structure we look at are concession-type projects.
Disputes and how to resolve them are important features of the management

of any project. If the project goes badly and one or other party suffers some det-
riment, how can that party pursue a claim? How might such a claim be resolved?

We examine mediation, conciliation, litigation and arbitration as well as ’ inter-
mediate ’ processes such as dispute review boards in answering these questions.


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