Construction Law International March 2010

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International Construction Projects Committee news

Read the editors’ note for this issue.

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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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Choosing a project delivery system in a multi-project environment
YY Chih and William Ibbs

Public entities approach the choice of a project delivery system from different points of view. One approach is to systematically eliminate inappropriate methods for a given project from the list of six key delivery methods, followed by selection from those that remain of a workable project delivery system, coupled with definition of an appropriate scope of work and contract requirements. Other approaches involve a systematic analysis of project delivery system (PDS) with the goal of choosing the best PDS for a given project. Here, the authors describe their approach toward selection of such a PDS.

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Indian experience on nuclear commerce and liability issues
Sumeet Kachwaha

This article, based upon the author's presentation at the IBA Conference in Madrid on 5 October 2009, is in two parts. The first part gives a bird's eye view of India's nuclear and power sector. The second part provides an overview of India's nuclear liability regime. 

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The minefield of back-to-back subcontracts - Part 1
Dr Jörn Zons

Back-to-back agreements, by which the main contractor aims to pass its obligations and liabilities towards the employer through to its subcontractor(s), are common in both construction and engineering projects. The proper implementation of such a back-to-back scheme requires thorough consideration and contract drafting. In practice, however, back-to-back agreements are often carelessly drafted and heavily flawed.
As a result, the main contractor is often at risk of facing serious trouble and incurring severe costs and damages that exceed by far the main contractor's risk assessment and the contingency it has allowed for such risk; by comparison, any cost it saved in the contract drafting phase is 'peanuts' at best.
In this article, which is to be continued in the next edition of CLInt, we will point out some of the key pitfalls of which the main contractor, in particular, needs to be aware.

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Does a contractor's delay always involve its liability?
Mauro Rubino-Sammartano

Delays to the completion of a projectu usually result in sanctions against the contractor, the most common of which is liquidated damages. It is not suggested that concerns about such sanctions be disregarded, but there are certain circumstances in which a delay may not result in sanctions against the contractor. 

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FIDIC Contracts Update
Edward Corbett

Memnbers of FIDIC (the International Federation of Consulting Engineers) gathered in London in December 2009 for their Users' Conference. This feature looks at some of the main points of interest that emerged.

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Book reviews

Reviews of important construction law books. 

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Keating Chambers column

Enforcement is not automatic.

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Case updates

Multijurisdictional case updates from those in the know. 

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