Construction Law International - June 2020

 

 

 

Construction Law International is the magazine of the IBA International Construction Projects Committee.

Launched in March 2006 and published quarterly, Construction Law International is a thought-provoking magazine with a balance of substantive and practical articles and news that anyone involved in the international construction industry will wish to receive.

In addition to feature articles, each issue includes latest updates from around the world, case updates and regular columns from experts across the globe. Construction Law International is sent to all members of the International Construction Projects Committee as part of their membership package. Back issues are available online.

If you would like to write for Construction Law International, please contact clint.submissions@int-bar.org. Download Guidelines for submission of articles and news items here. Download the IBA In-House Style Guide here.

Members can download the full PDF issue here.

 


FEATURE ARTICLES

 
 

Doing business in a ‘sunburnt’ country – international contractors on Australian projects

Sean Kelly and Allison van Beers discuss the various factors that are prominent in, and sometimes unique to, Australian projects that international contractors entering the Australian market should pay close consideration to.

 

Balance in construction contracts – the case for two-sided certainty

Joao Ascensao’s article draws a line between the concepts of balanced risk allocation in contracts and balanced standard conditions of contract in the context of the construction industry.

 

Builder beware?

Thomas Richards considers whether international concerns with the rule against implied warranties of buildability justify a change in approach in New Zealand.

 

Statutory liability for defects under Korean law

Mino Han and Umaer Khalil discuss the applicability and scope of the statutory defect liability provisions under Korean law.

 

Common law-style contracts in a civil law world

Leendert van den Berg addresses the phenomenon that more and more often in the construction industry, common law-style contracts are used in civil law jurisdictions.

 

The ground risk under contracts and geotechnical baseline reports

Eugenio Zoppis explains the legal and contractual principles of baselining the ground conditions in a contract.

 

Rebus sic stantibus clauses in recent Polish case law

Tomasz Darowski looks at several Polish common court judgments and the interesting examples they present of how certain prerequisites are interpreted in the realities of the modern construction market in the European Union.

   


REGULARS

 

FROM THE EDITORS

FROM THE CO-CHAIRS


FIDIC AROUND THE WORLD

Italy


COUNTRY UPDATES

Italy

Panama

Ukraine


BOOK REVIEWS

The Application of Contracts in Developing Offshore Oil and Gas Projects
by Philip Loots and Donald Charrett

The International Application of FIDIC Contracts: A Practical Guide
Edited by Donald Charrett