Construction Law International September 2009

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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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Moment of decision? The future of dispute boards under the FIDIC forms and beyond
Edward Corbett

At the Dispute Resolution Board Foundation (DRBF) meeting in London in May 2009, the question was debated: should dispute board (DB) rulings be more binding and enforceable or less? Opinion among the 140 delegates was evenly split. The question arises because the FIDIC Contracts Committee is setting to work to produce the second editions of FIDIC's three 1999 contracts: the Red Book (Construction), Yellow Book (Plant and Design-Build) and Silver Book (EPC Turnkey) forms. FIDIC aims to publish the revisions in 2010 (and all inputs are welcomed). 

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The mediation of construction disputes: recent research
Nicholas Gould

Mediation can no longer be said to be a new phenomenon for the resolution of construction disputes. Mediation has now been used, in the commercial context, for the resolution of disputes in a wide range of industry sectors both before the commencement of and during formal proceedings. It can of course be used, in theory, at any stage not just during litigation but during or when other forms of dispute resolution, such as arbitration, are contemplated or progressing.

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The 'Big Risk Game' – a simple tool to understand project risks and work together better
Arent van Wassenaer

Understanding project risks and risk allocation lies at the heart of good contracting. Talking about risk is interesting. But this article describes how engaging in the 'Big Risk Game' to play with risks and realistically experience the importance of effective risk management as a collective responsibility of all parties involved in a construction project can take this to another level: it suddenly becomes exciting and fun.

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A fair share? Proportionate liability and net contribution clauses
Rupert Choat and Julian Bailey

Proportionate liability is a live issue in both domestic and international projects – especially in the current economic climate. The fundamental question is: where A and B are liable for a loss suffered by C, who should bear the risk of either A or B becoming insolvent? There is a range of views on who should bear this risk, and laws and commercial practices differ from jurisdiction to jurisdiction.

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Book review

Keating on Construction Contracts: First Supplement to the Eighth Edition (2008) by Stephen Furst QC and Mr Justice Ramsey
Review by Matthew Bell

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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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