Construction Law International June 2009

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

Editors’ note and message from the Co-Chairs.

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Updates from around the world

New developments in construction law across jurisdictions.

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Contractual lessons from construction failures: part two
Dr Donald E Charrett

This article reviews the lessons that can be derived from the failures of several large bridges during construction. One of these failures – that in respect of the Quebec Bridge – occurred more than a century ago, and the more recent failures – those of the West Gate Bridge in Melbourne and the Milford Haven Bridge in Wales – occurred within living memory. The first part of this article, published in our December 2008 edition, concerned the Quebec collapse. This second part examines the West Gate and Milford Haven collapses and reflects upon the lessons which can be learned from these collapses for construction law and its practice today. 

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Setting the standard for foreseeability: state of the art as defined by the Supreme Court of Canada in Canadian National Railway Co v Royal and Sun Alliance Insurance Co of Canada
Bruce Reynolds

In a recent significant decision of the Supreme Court of Canada released on 21 November 2008, the Court considered the scope of coverage available under a builder's risk policy of insurance. In particular, the Court examined the scope of the exclusion for faulty or improper design found in builders' risk policies.

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Guarantees: limitation of liability and dispute resolution clauses
Matthias Scherer

Bank or parent company guarantees are common features of major construction projects. They can be used to guarantee a variety of things, such as payment by the employer, delivery of the project, performance of the works or that a party keep a tender offer open during a certain period. Typically, the beneficiaries of such guarantees scramble to call them in the event of a dispute, while the party in whose favour it has been issued will attempt to stop such a call. Multi-forum litigation or arbitration often results. In 2008 the Swiss Supreme Court rendered three judgments dealing with such situations.  

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Book review

Evaluating Contract Claims by R Peter Davidson and John Mullen
Review by Andrew Tweeddale

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Keating Chambers column

Real concerns about virtual execution.

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Case updates

Multijurisdictional case updates from those in the know.

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