Construction Law International - September 2017




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 Download Guidelines for submission of articles and news items here. Download the IBA In-House Style Guide here.

Non-members can purchase the articles below in our shop.

Members can download the full PDF issue here.



An outline history of the ICP Committee and its current structure and activities
CLInt Co-Chairs Tony Marshall and Claus Lenz trace the ICP Committee’s history back to the 1970s, as well as outlining the structure of SEERIL and the ICP’s Subcommittees.


Ten years of construction law in the Asia Pacific region
Professor Douglas Jones AO provides an update of the region over the past decade in celebration of the recent tenth anniversary of Construction Law International.


The first substantial changes to Japan’s Civil Code in 120 years and their application to construction projects
Kaori Sugimoto and Paul M Iguchi introduce several of the new amendments to the Civil Code of Japan that will significantly impact the construction law practice in the country, and report on discussions within the Legislative Council of the Ministry of Justice.


Sydney Opera House – quality, quality, quality!
Dr Donald Charrett provides an overview of the procurement, design concept, construction and refurbishment of Australia’s most iconic building, and a UNESCO World Heritage Site since 2007.


Direct agreements: the missing piece to boost Colombian project finance
César Felipe Rodríguez Parra and Ana María Rodríguez Polanía argue for Colombian legislators to consider amending the legal framework to permit the execution of direct agreements to bring Colombia in line with international project financing standards.


Seismic risk: how two seismically active jurisdictions on the Pacific Rim take different approaches to seismic risk
Three practitioners from two jurisdictions with a history of significant earthquakes explain how their respective jurisdiction deals with seismic risk, including the regulatory regime governing building regulations and the extent of insurance available.






From the Editors

From the Co-Chairs

FIDIC Initiative

Updates from around the world
SINGAPORE – FIDIC Questionnaire
ICC EXPEDITED PROCEDURE – New expedited arbitration rules and what they mean for construction arbitrations
CHILEComunidad Edificio Estocolmo 340 v Inmobiliaria Los Ceibos Tres SA and Others
NEW ZEALAND – Duties of care for construction in New Zealand

Book review
A Practical Guide to Successful Construction Projects by Arent van Wassenaer ‘meticulously structured and carefully argued’ says Wayne Jocic.