International Construction Projects

Committee Overview

This Committee is for lawyers interested in construction law and in exchanging experiences from construction projects around the world. All aspects and types of construction and engineering projects are dealt with, from traditional building and civil engineering contracts to state-of-the art project finance infrastructure projects. The Committee has something to offer both those active on their domestic market as well as those involved in overseas projects.

The Committee has approximately 1000 members. Many are well known in the field of construction law and all members together represent a vast source of experience in contentious and non-contentious construction contract issues from all parts of the world.

The Committee meets annually at the main IBA Conference and every other year at a special International Construction Projects Committee Retreat that offers an opportunity to get to know other members better and to plan for future activities.

Additionally, the International Construction Projects Law Committee works with the following Committees to form the Section on Energy, Environment, Natural Resources and Infrastructure Law:

Environment, Health and Safety Law
Mining Law Committee 
Oil and Gas Law Committee
Power Law Committee
Water Law

For a list of past Committee Chairs   

Construction Law International (CLInt)

Construction Law International (CLInt) is the new voice of ICP. A quarterly paper magazine for the busy international construction lawyer. The news items and articles are mostly short and punchy with one or two longer discussions. The first edition of the journal is now available.

To achieve the best and most useful result we urge our members to be our eyes and ears monitoring developments all over the world. Interesting cases, new standard forms, procurement rules, past project gone wrong? Let us know either by e-mail to the editors or posted on ICP net.

The editors are: Arent van Wassenaer, Edward Corbett, Robert Knutson and Matthew Bell. Articles can be mailed to Editors@constructionlawinternational.com.

The articles will be reviewed by the editorial board. The editorial board consists of: Peter Wengler-Jørgensen, Professor Doug Jones, Stephen Butler, Mauro Rubino-Sammartano, Gordon Jaynes, Marc Frilet, Don Marston, Professor Phillip Capper, Professor Nael Bunni and Greg Hummel.

View Guidelines on the Contribution of Articles and News Items.  

For further details of all IBA publications including books, journals, newsletters, conference papers and free guides and materials go to the publications homepage.  

ICP Net

ICP Net is a mailing list service for ICP members. Its primary function is to provide a resource for members to tap into the accumulated knowledge of hundreds of lawyers. Got a problem? Ask ICP Net. Know the answer or want to discuss an issue?

To subscribe to ICP Net click here. (Committee members only)

Committee Projects

ICP provides constructive critique of draft of FIDIC “Gold Book”

The ICP Committee has provided an extensive critique of a proposed new standard form for international construction projects.  The International Federation of Consulting Engineers (FIDIC) has drafted a new “Gold Book” for design-build-operate projects where the contractor will also operate the project for a period. A typical example would be a waste water treatment plant where the contractor builds and runs the plant for 20 years. Using an on-line form of collaborative working, comments and suggestions were gathered from ICP members across the world. FIDIC’s drafting task group expressed their appreciation for ICP’s input.

Download the full text of the comments here.

Subcommittees

View the list of Subcommittee Officers.

Tasks of the Subcommittees

The Subcommittees are encouraged to adopt some or all of the following tasks:

• Monitoring ongoing developments and activities within the respective field of the Subcommittee
• Organising discussions relating to such activities for the relevant group of the Subcommittee eg as a 'think tank'
• Communicating to members of the Committee the highlights of the information received and the conclusions of the discussions
• Being available for enquiries from members
• Taking charge of the Committee's Long Term Projects
• Taking charge of or assisting with the organisation of Committee Conferences

Standard Forms

Dealing with contract conditions and other standard documents relevant for international construction projects, in particular standard forms for engineering, construction, joint ventures/consortia and subcontracting. The Subcommittee will monitor developments with standard forms around the world and will keep members informed via the website, the Newsletter and at Committee Conferences. The Subcommittee will contribute to consultations on proposed new forms or revisions to existing forms.

Please down load you copy of the Standard Forms Construction Contracts.

The subcommittee recently organised comments on the draft FIDIC Design-Build-Operate form of contract, to be called the “Gold Book”. To view the comments, click here.

Contract law and regulations

Dealing with laws and regulations governing construction contracts and other regulations affecting construction projects such as building regulations, environmental, and health & safety issues.

Construction management

Dealing with rules and practices relating to the implementation of construction projects. This includes various issues of contract law, such as force majeure, unforeseen site conditions, delays, variations, claims, liability. The Subcommittee will also follow new developments in the management of projects, such as partnering or alliancing and in particular its effect on conflict avoidance.

Procurement

Dealing with national and international rules and regulations for the award and performance of construction contracts by Governments and other public bodies; rules and practices for procurement by private parties may also be included.

Financing Structures

Dealing with construction-related issues in various types of project financing structures, including in particular PPP and BOT.

Dispute Resolution

Dealing with the choice of the method of dispute resolution in international construction projects and all other issues relating to adjudication, arbitration and litigation and alternative dispute resolution (ADR).

Task Group - PPP

A special task force has been set up to handle activities related to PPP. This special task force is led by Marc Frilet (avocats@frilet.com) and Doug Jones (djones@claytonutz.com).

PPP Roadshow

The first outing of the PPP Roadshow took place on 18-19 May 2006 in Mexico. See the programme. 

The next roadshow will take place in Rio de Janeiro, Brazil on 30/31 August 2007. Further details will be available shortly.

Suggestions for other potential venues for Roadshows would be welcome. It seems to us that the criteria include:

• A country or region taking a serious interest in PPP
• A market for the conference
• Government support
• An enthusiastic local host committee

Please let the Co-Chairs or the PPP Task Group chairs have your suggestions.

For further information on any forthcoming or past IBA event, go to the conference homepage or contact the marketing department.

ICP Photo Gallery

The International Construction Projects Committee is famous for its social events as well as its sessions. Through these links, you can take a look at past and more recent ICP events.

Durban 2002
Auckland 2004
Lensbury 2005
Prague 2005
Rome 2006 
Chicago 2006
Informal Working Weekend Porquerolles 2007 
Rio de Janeiro PPP Conference 2007
Singapore 2007

The Chairs of the Committee encourage ICP members to submit pictues of Committee events to
Kelly Savage

Members

Links and Resources

Available to download - the Dutch DRB Rules