Dear readers,
This edition provides a truly global perspective on construction law issues. We continue our FIDIC Around the World series with an article looking at Italy, from which Arianna Perotti provides her insights.
We have country updates from Italy, Panama and Ukraine. Luis H Moreno IV provides an update on public–private partnership law in Panama, where a new regime has been established to regulate the institutional framework and development of investments. Anastasiya Bidakh discusses recent changes to Ukrainian national legislation that updates the state construction norms regulating the construction industry. From Italy, Cesare Caracciolo considers the contractor’s liability under Article 1669 of the Civil Code and whether, under this provision, liability includes renovation works.
Our feature articles focus on approaches to contracting in different jurisdictions. From Australia, Sean Kelly and Allison van Beers discuss the public policies developed to promote participation in the Australian market by overseas contractors while also preserving local content and resourcing opportunities.
From New Zealand, Thomas Richards asks whether international concerns about the rule against implied warranties of buildability warrant a change in approach. His article complements the contribution from Joao Ascensao, who draws on his varied experience to consider the distinction between concepts of balanced risk allocation in contracts and balanced standard conditions of contract.
In Asia, we return once more to construction law issues under Korean law. Mino Han and Umaer Khalil discuss statutory liability for defects and the remedy options available.
At a conceptual level, Leendert van den Berg provides an insightful article on common law-style contracts in a civil law world from a Dutch perspective. Delving deeper, Eugenio Zoppis considers ground risk under the contract and the importance of the geotechnical baseline report. He argues that the incorporation of the report into the contract is a valid and effective instrument for risk allocation among parties.
In the last of our feature articles, Tomasz Darowski discusses rebus sic stantibus clauses in recent Polish case law, considering whether these clauses make it possible for a court to increase the contractor’s remuneration if certain prerequisites are met.
We also have two book reviews in this edition: Jaclyn Masters has reviewed Philip Loots and Donald Charrett’s The Application of Contracts in Developing Offshore Oil and Gas Projects. Bill Barton has reviewed The International Application of FIDIC Contracts: A Practical Guide, coincidentally edited by Charrett.
The ICP is also glad to announce a series of webinars that will discuss diversity and inclusion best practices in the construction industry. Please keep an eye out for further information on this interesting and innovative event which will likely take place later on in the year.
We thank our contributors for their insightful articles and we hope you enjoy reading this edition. You are invited to contribute your thoughts and insights to Construction Law International by submitting your articles to CLInt.submissions@int-bar.org.
Thomas Denehy
Managing Editor, ICP Committee
Corrs Chambers Westgarth, Sydney
thomas.denehy@corrs.com.au
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