Construction Law International - December 2020 - From the Editors

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Dear readers,

While most of us continue to work remotely and increasingly rely on virtual meetings, we bring you a digital edition of Construction Law International. This is a truly global edition that, as always, considers important issues that have an impact on construction projects around the world.

For our FIDIC Around the World series, we are fortunate to have contributions from Bwalya Lumbwe, who discusses the application of FIDIC in Zambia, and Erin Rankin Miller and Samantha Lord Hill, who discuss in detail the use of the FIDIC forms in the United Arab Emirates.

In the Country Updates section, we have two contributions from South America. Federico Carbajales provides an update on amendments to Uruguay’s construction defects decennial liability scheme. From Argentina, Santiago Barbarán considers the important role that renewable energy projects will play in the economic recovery from the impact of Covid-19. In Australia, Andrew Chew, Christine Covington and Louise Camenzuli discuss state-based legislation that provides a comprehensive reform package to target defective building work.

We are delighted to have a contribution from Italy, where Alessandro Paccione, Giada Russo, Marco Giustiniani and Giovanni Gigliotti provide an update on a recent Italian government decree, known as the Simplification Decree, which aims to simplify and streamline the administrative procedures that underpin the award of government contracts.

Moving to our feature articles, Joshua Paffey and Lee Carroll discuss the difficult balance between public health and corporate wealth in the context of investor-state disputes arising from the Covid-19 pandemic. JB Kim has provided us with two in-depth and well considered articles. The first focuses on differing site conditions, contrasting the English and United States legal systems in that context. His second piece discusses the perennial issues associated with concurrent delay.

Continuing with concurrency, Nicholas Cousino and Kemi Wood provide their insights into the increased use of virtual hearings and the challenges that they present with respect to expert evidence.

Lastly, Alex Wagemann Farfán and Claudio Inostroza Guajardo discuss the benefits to South American countries if dispute boards were more widely used on public sector projects.

We thank our contributors for their insightful articles and we hope you will enjoy reading this edition.

From country updates to feature articles, we invite you all to contribute your thoughts and insights to CLInt by submitting your articles to CLInt.submissions@int-bar.org.


Thomas Denehy

Committee Editor, ICP Committee

Corrs Chambers Westgarth, Sydney