Construction Law International December 2010

Construction Law International articles are now available online to members of the International Construction Projects Committee. To access the article in this issue, you will need to sign in using your IBA username and password. Access login details.  


 

 

International Construction Projects Committee news

Read the editors' note for this issue.

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Read the Co-Chairs' message

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From ICP-Net

Read the updates from the ICP-Net.

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Updates from around the world

New developments in construction law across jurisdictions.

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Dispute boards: is there a role for lawyers?
Brennan Ong and Dr Paula Gerber

Dispute boards (DBs) are becoming increasingly well-known around the world as a means of managing conflict so as to avoid disputes on construction projects. However, there has been little discussion of the role that lawyers can play in relation to DBs. This article seeks to fill this gap.

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Defects in construction projects – current issues: Part 1
Donald G Gavin

Design and construction defects – and the resulting efforts to allocate responsibility, correct, remedy and deal with the cost and additional time of such remediation – are frequently a problem in construction whatever the set of contractual agreements used. New allocations of risk are primarily influenced by amended contract language and defences utilised to shield parties from liability, while various insurance products may offer partial solutions.

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Challenges in Brazilian infrastructure
Pedro G Seraphim and Heloisa Ferreira Andrade Scarmucci

After years of poor economic performance and political instability, in 1995 Brazil started a series of political, economic governance and legal reforms that have dramatically changed the outlook of the country. Brazil currently has political and economic stability and an improved legal system, with a regulatory framework for the relevant infrastructure areas, even though several hurdles still exist. Having that in mind, this article will present an overview of the current Brazilian economic, political and legal environments, and the investment challenges and opportunities in infrastructure that may attract the interest of foreign investors, in areas such as oil & gas, power and transportation, including those related to the 2014 FIFA World Cup and the 2016 Rio de Janeiro Summer Olympic Games. 

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'Hot tubbing' – practical considerations
Sean Brannigan QC

This article discusses the rise of the witness conferencing method often termed ‘hot tubbing’, and explores some practical considerations. It analyses methods revolving around variations of a procedure where expert witnesses of a particular discipline are asked to give evidence together as a ‘panel’, whereby the evidence emerges more as a discussion than a formal examination.

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Big Risk Game revisited
Arent Van Wassenaer

The September 2009 issue of CLInt included a piece discussing ‘The Big Risk Game’ – a game developed in actual construction projects to better serve parties at project level to reach a working and cooperative relationship. This article discusses the role the game can play in construction projects, and analyses what it highlights about risk management.

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Book reviews

Reviews of important construction law books.

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Keating Chambers column

Not proceeding: the consequences of abandonment
David Thomas QC

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