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The German Law on standard terms and conditions - a dangerous trap for building and engineering contracts (FEATURE)
Dr Jorn Zons
The German Law on Standard Terms and Conditions (GLSTC) governs in a uniquely (as far as the author is aware) strict and far-reaching manner the use and validity of what German law considers to be standard terms and conditions. Opting out of the GLSTC is not always possible because it is a mandatory part of German law. As a result, the GLSTC can severely affect building and engineering contracts governed by German law or concerning German scenarios. It is thus important for parties to such contracts to be aware of the GLSTC implications and tackle them appropriately in order to ensure enforceability of their contract.
The legal justification for the ‘enforcement’ of a ‘binding’ DAB decision under the FIDIC 1999 Red Book (FEATURE)
In a previous article, the author proposed that difficult questions arose from recent cases on the enforceability of Dispute Adjudication Board (DAB) decisions, including the correct basis of the award and the appropriate type of order. This article puts forward answers to these questions.
Inclement weather - we'll weather the weather, whatever the weather, whether we like it or not (FEATURE)
Alex Hartmann and Jacqueline Truong
Parties to construction projects know that circumstances beyond their control can cause significant delays to work on site and associated prolongation and delay costs. Prominent among these circumstances is ‘inclement weather’. Failure to define the term precisely can lead to significant disputes between the parties regarding whether specific weather events have occurred and which party bears the time and cost consequences of those events.
Updates from around the world
New developments in construction law across jurisdictions. Updates from Scotland, France and Slovakia.
David Thomas QC: Proposals for a harmonised European Sales Contract Law: the EU’s ‘optional instrument’
Regular column by David Thomas QC. The European Union (EU) has, of course, a history of seeking to impose uniform legislation on its Member States. In the construction sector, sometimes the intention has been achieved and sometimes not.
Special Report: Notes from the FIDIC Users’ Conference, London, December 2011
Notes from the FIDIC Users’ Conference, London, December 2011.
From the Construction Law Campus: Training international construction lawyers: a proposal
Troy L Harris
Training in the practice of construction law is different from learning construction law doctrine. This instalment of ‘From the Construction Law Campus’ proposes a new, experience-based model for training international construction lawyers.
Insight: Is Australia unfriendly to arbitration?
G John Digby QC
This issue's 'Insight' column comes from Australia, in which G John Digby discusses whether Australia is unfriendly to arbitration.
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This issue's updates come from France.