Construction Law International - January 2019 - From the Editors

Construction Law International homepage  »  January 2019


Dear members of the International Construction Projects (ICP) Committee,

I am glad to introduce the fourth and final issue of Construction Law International (CLInt) 2018, which includes the contributions from the speakers of two successful panels of the recent IBA Annual Conference held in Rome on 7–12 October 2018.

The first panel was co-chaired by Murray Armes and Andreas Roquette. The speakers, Kenneth J Figueroa, Christian Johansen, Kim Rosenberg and Russell Thirgood, addressed the use of experts in common law jurisdictions; court-appointed experts with a civil law approach; practical and innovative use of experts in construction disputes; and some peculiar issues relating to expert evidence. 

Under the coordination of Jane Davies Evans and Bruce Reynolds, acting as Co-Chairs, a second panel at the IBA Annual Conference focused on termination issues, analysed from the point of view of different civil law and common law jurisdictions. The panellists were Dimitris Kourkoumelis, Ian de Vaz, Thomas Stickler, Edward Corbett, Virginie Colaiuta and Shona Frame.

The above contributions are preceded by an article analysing the key aspects of successful project establishment, which was collaboratively drafted, under the supervision of Polina Chtchelok, by the Co-Chairs and Vice-Chairs of the Project Establishment Subcommittee.

This edition also includes the answers to the CLInt FIDIC Questionnaire for Switzerland, prepared by Laura Azaria and China Irwin, and two FIDIC commentaries. The first commentary is from Edward Corbett, who recommends the combined use of FIDIC 1999 and FIDIC 2017 forms, identifying the best parts of both. The second commentary, from Tobias Boecken, Elisa Freiburg and Claudia Krapfl, examines how the enactment of the new German construction law may affect the implementation of the 2017 FIDIC Silver Book.

Finally, we share Part 2 of Evelien Bruggeman’s article, titled ‘Legal aspects of Building Information Modelling (BIM) in the Netherlands: the procurement of a work with a BIM component’. Bruggeman analyses the possible use of selection criteria for the BIM component; the award criteria for BIM, and, in particular, the use of a BIM Execution Plan, which describes how the demands of employers are met. Part 1 of Evelien’s article was published in Issue 2 of 2018; CLInt Volume 13.

We hope you will enjoy reading this edition and we invite you all to contribute to CLInt by submitting your drafts to CLInt.submissions@int-bar.org.


Virginie Colaiuta

ICP Committee Editor

LMS Legal LLP, London