Construction Law International - November 2019 - From the Co-Chairs
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Dear ICP members,
We are glad to inform all ICP members that our Working Weekend, one of the most important events in the ICP calendar, was a success. The Working Weekend this year was held in Annavysos, near Athens, and the panel speakers and chairs were selected with the support of our fellow ICP Subcommittee officers, who together organised an excellent programme for the attendees.
The Project Establishment Subcommittee addressed the use of new technologies in construction, procurement and supply chain management. Aarta Alkarimi (United Arab Emirates) and Jean-Pierre Van Eijck (the Netherlands) coordinated excellent presentations from Jaya Sharma (United States), Ana Cándida de Mello Carvalho (Brazil), Joe Moore (US) and Dimitris Kourkoumelis (Greece). They covered, among other interesting subtopics, blockchain initiatives in construction, supply chain management and smart contract solutions and new technologies in public procurement.
Another highlight of the Working Weekend was the Project Execution panel session, which addressed common pitfalls in drafting construction contracts. The panel analysed how thoroughly negotiated construction contracts could fail or bring about problems during the execution of a project. Panellists examined issues, such as ‘lump sum – reality or myth’, ‘variations: what happens if execution does not comply with the wording of the contract/is unable to do so/has good reasons to deviate?’ and ‘penalties for delay – how do they survive multiple variation orders?’. Claus Lenz (Germany) chaired this panel and the speakers were Leendert van den Berg (the Netherlands), Sarah Sinclair (New Zealand), Roberta Downey (United Kingdom) and Oscar Aitken (Chile).
Finally, the Dispute Resolution Subcommittee presented the ICC Report on Construction Industry Arbitrations. Aisha Nadar (Sweden), who was one of the presenters of the global launch of this report, first introduced the background and then summarised the recommendations, before engaging in a lively panel discussion with Sarah Sinclair (US) and Ioannis Vassardanis (Greece), while inviting attendees to contribute to the conversation.
During the Working Weekend, the ICP officers reported on their activities and plans. We are pleased to announce that the Project Establishment Subcommittee will be preparing a document on the new technologies that affect the construction industry and how projects are executed/managed from the legal perspective. Also, the Project Execution Subcommittee will report on the progress made in the preparation of their Anti-corruption Desk Guide. Finally, the Dispute Resolution Subcommittee will outline a new project on the use of Experts in Construction Arbitration.
ICP members are all invited to become actively involved in these projects.
We feel confident that with this edition of CLInt we fulfil our continued commitment to maintain a continuous line of communication with all ICP members. We hope that the initiatives and topics of the Working Weekend will encourage you to participate.
Jaime Gray and Helmut Johannsen
Co-Chairs of the ICP Committee