About the Committee
The ICP Committee is for lawyers interested in construction law and in exchanging experiences from construction projects around the world. All aspects and types of construction and engineering projects are dealt with, from traditional building and civil engineering contracts to state-of-the art project finance infrastructure projects. The Committee has something to offer both those active on their domestic market as well as those involved in overseas projects.
Together, our members constitute a vast source of experience in contentious and non-contentious construction contract issues from all parts of the world. The Committee meets annually at the main IBA Annual Conference and every other year at a special International Construction Projects Committee Retreat that offers an opportunity to get to know other members better and to plan for future activities.
The role of experts in construction disputes: a practical approach to hot topics and issues
21 Jul 2021 1400 - 1500 BST
IBA Annual Conference Miami 2022
30 Oct - 04 Nov 2022
IBA Annual Conference 2023
29 Oct - 03 Nov 2023
Alternative dispute resolution (ADR) in construction - country guides
The committee has prepared a country-by-country guide to ADR in construction. The aim of this project is to examine alternative dispute resolution methods in construction projects throughout the world. Further countries will be added in due course. Find out more/access the ADR in construction guides
Construction Law International
Published quarterly, Construction Law International (CLInt) is the ICP's magazine and is sent to all members of the Committee as part of their membership package. The magazine's current Managing Editor is Thomas Denehy, Senior Associate at Corrs Chambers Westgarth.
CLInt is a thought-provoking magazine with a balance of substantive and practical articles and news that anyone involved in the international construction industry will wish to receive. In addition to feature articles, each issue includes updates from around the world, case updates and regular columns from experts around the globe.
CLInt Editorial Board: Virginie A Colaiuta, Chair of the Editorial Board; Thomas Denehy, ICP Committee Editor; China Irwin, ICP Deputy Committee Editor; Bill Barton; Edward Corbett; Gordon Jaynes; Jacob Henriquez; John Walton; José Gregorio; Mohamed Abdel Wahab; Thayananthan Baskaran; Wayne Jocic; Ana Carolina Horta Barretto; Jinlin Nan; Song Hyun Hwang; Nnenna Eze; and Sharon Vuillet.
Subcommittees and other groups
The International Construction Projects Committee also coordinates the activities of the following subcommittees/working groups.
- Dispute Resolution Subcommittee
The Dispute Resolution Subcommittee focuses on the mechanisms to prevent and resolve disputes arising in connection with international construction projects. Specifically, the group draws from the experience of their distinguished members from many jurisdictions around the world to learn what is working and what is not in preventing and solving disputes.
- Project Establishment Subcommittee
The Project Establishment Subcommittee focuses on the period prior to contract closing. The Subcommittee reviews the contract forms used by engineers, architects, owners and contractors within different jurisdictions, focusing mainly on the various FIDIC forms as being an international standard form. Different contractual concepts/schemes, such as PPP, also fall within their scope of work, as do the regulatory aspects of construction (building regulations, etc), public procurement rules and issues of bribery as they relate to construction contracting.
- Project Execution Subcommittee
The Project Execution Subcommittee focuses on the performance, administration, payment, scheduling (programming), and completion of a construction project, in particular as impacted by variations (changes), delays, disruption, suspension, force majeure, acceleration, laws, regulations, exchange rates, and sovereign acts.
IBA 2020 - Virtually Together Conference, 2-27 November 2020
- Public infrastructure delivery: alternative procurement challenges and opportunities
Co-Chairs: Jerry Brodsky, Julio Cesar Bueno. Speakers: Elina Mereminskaya, Luis Moreno IV, Sharon Vogel
- Where's the money? Impact of insolvency on a construction project and on the parties in the contractual pyramid
Co-Chairs: Roberta Downey, Samuel Moss. Speakers: Thomas Frad, Krista Lee, Rashda Rana
- The pendulum swings both ways: use and abuse of variation provisions in construction contracts
Co-Chairs: Murray Armes, Douglas S Jones. Speakers: Alex Bevan, Jonathan Parker, Olusina Sipasi
- Recent developments and initiatives in corruption and anti-corruption in construction projects
Co-Chairs: Jane Davies Evans, Roberto Hernandez-Garcia. Speakers: Lisa Miller, Joseph Moore, Kim Rosenberg, Tomislav Šunjka
- Contract performance or non-performance: the distinction between obligations of reasonable endeavours and obligations of good faith performance
Co-Chairs: Robert Bernstein, Claus Lenz. Speakers: Joseph Chung, Ulrike Gantenberg, Eduardo Koch, M. Arun Kumar, Professor Janet Walker
7th Biennial Conference on Construction Projects from Conception to Completion, 31 October-2 November 2019, Berlin, Germany
- FIDIC’s 2017 vs FIDIC 1999 Conditions
Chair: Aisha Nadar. Speakers: Siobhan Fahey, Joerg Marienhagen,Christopher Seppala, Philip van Rensburg
- Defects liability periods (and the like): what are the pitfalls?
Chair: Professor Ziya Akinci. Speakers: Ulrich Hagel, Ahmed Ibrahim, Spring Tan
- Smart contracts: how might technology disruption change construction contracts as we know them?
Chair: Joseph Moore. Speakers: Murray Armes, Andreas Roquette, David Savage, Kaori Sugimoto
- The importance of the applicable law. How far do lawyers from civil law and common law backgrounds view the same construction law issues differently?
Co-Chairs: Rouven Bodenheimer, Rupert Choat. Speakers: Elina Mereminskaya, Carla Mills, Sudip Mullick, Suzannah Newboult
- Hardship laws in times of uncertainty: when might contractors successfully rely upon such laws?
Chair: Sharon Vogel. Speakers: Nagla Nassar, Marlon Shigueru Ushiro Ieiri, Wei Sun
- The (in)applicability of liquidated damages for delay and the relevant factors that drive their reduction in many jurisdictions
Chair: Roberta Downey. Speakers: Valentine Chessa, Amani Khalifa, Rory Kirrane
- The IBA Rules v the Prague Rules in construction arbitrations
Co-Chairs: Justin Mort QC, Michael Schneider. Speakers: Chiann Bao, Minas Khatchadourian, Andrey Panov
- Arbitrator selection: ethics and considerations
Chair: Michael Bühler. Speakers: Luis Martinez, Andrea Meier, Sevag Panossian
- Prospective v retrospective assessments under construction contracts
Chair: Sir Antony Edwards-Stuart. Speakers: Julian Bailey, Sarah Biser, Thomas Hofbauer, Franco Mastrandrea
IBA Annual Conference 2019, 22-27 September 2019, Seoul, South Korea
- Limitations and exclusion of liability: get out of jail free card
Co-Chairs: William Barton, Jean-Pierre Van Eijck. Speakers: Joao Ascensao, Daniele Carminati, Professor Tuomas Lehtinen, Erin Miller Rankin, Douglas Oles, Giorgiana Tecuci-Paltineanu, Professor Janet Walker
- Alternative dispute resolution in construction: a smorgasbord of approaches but limited appetites
Chair: Marco Padovan. Speakers: Yasemin Cetinel, Douglas S Jones, Marina Matousekova, John Lorn McDougall QC, Andreas Roquette, Paul Taggart
- Forced marriages on construction projects: the good, the bad and the ugly
Co-Chairs: Roberta Downey, Thomas Frad. Speakers: Mikal Brøndmo, Justin Mort QC, Vincent Rowan, Leendert van den Berg
- Construction insurance: everything’s covered until there’s a loss but very little is covered once there’s a loss
Co-Chairs: Richard Bailey, Sharon Vogel. Speakers: Tony Dymond, Thiago Fernandes Moreira, Kiran Soar, Andrew Stephenson
- Infrastructure initiatives in Asia: construction challenges and opportunities
Co-Chairs: Matthew Christensen, Shona Frame. Speakers: Naoki Iguchi, Hyung Keun Lee, Mike McClure, Lin Yang
Working Weekend 2019, 17-19 May 2019, Athens, Greece
Click the links to download speaker materials.
IBA Annual Conference 2018, 7–12 October 2018, Rome, Italy
- The ever-increasing challenges to infrastructure development and financing in the resource and energy sectors
Chair: Jose Vittor. Speakers: Jean-Marc Aboussouan, Kyungsun Kyle Choi, Tatiana Falcão, Pietro Galizzi, Giannalberto Mazzei, Aniket Singhania
- Termination issues: action for damages versus actions for wrongful termination
Co-Chairs: Jane Davies Evans, R Bruce Reynolds. Speakers: Virginie Colaiuta, Edward Corbett, Shona Frame, Dimitris Kourkoumelis, Thomas Stickler, Ian de Vaz
- Project completion/handover issues: when final closeout is not final
Co-Chairs: Paul Cowan, Thomas Frad. Speakers: William Barton, Christopher Beirise, Rony Vermeersch, Ana Candida de Mello Carvalho
- Consortium/joint venture issues: when friends are no longer friends
Co-Chairs: Jaime Gray, Sarah Sinclair. Speakers: Daniele Carminati, Ananya Kumar, Joseph Moore, David Ofosu-Dorte, George Rosenberg, Ioannis Vassardanis
- Use and misuse of experts
Co-Chairs: Murray Armes, Andreas Roquette. Speakers: Kenneth Figueroa, Christian Johansen, Kim Rosenberg, Russell Thirgood
- Performance security alternatives and effectiveness: show me the money
Co-Chairs: Julio Cesar Bueno, Tony Dymond. Speakers: Cheryl Feeley, Nicholas Gould, Tuomas Lehtinen, Sharon Vogel
Working Weekend 2018, 11-13 May, Amsterdam
Click the links to download speaker materials.
- Arbitration of construction disputes
Moderator: Sarah Biser
Speakers: Don Gavin, Dimitris Kourkoumelis, Michael Earwalker
- Anticorruption and compliance during construction
Moderator: Ricardo Barreiro Deymonnaz - Argentine Regulations Against Corruption
Speakers: Julio Bueno, Roberto Hernandez,
Sharon Vogel - Corruption in the North American Construction Industry,
Thiago Moreira - Car Wash operation
- Forensic schedule analyses - science, art or myth?
Moderator: Stefan Osing
Speakers: Doug Oles,
John Livengood - Forensic Schedule Analyses - Science, Art or Myth?
Paul Cowan - Prospective v Retrospective Delay Analysis - Which to Use
- New 2017 FIDIC contract
Moderator: Aisha Nadar - Main Features of the Revised FIDIC Conditions,
Speakers: Bernd Ehle - Claims Procedure and Dispute Resolution under the Revised FIDIC Conditions,
Tony Marshall - New 2017 FIDIC Conditions - A Step Forward, or a Heavier Workload?
- Climate change and its influence in the construction industry
Moderator: Jean-Pierre van Eijk
Speakers: Piet Dircke - Water Resilient Cities,
Lyda Bier - Sustainability in the Construction Sector,
Richard Bailey - Climate Change and its Influence in the Construction Industry
Biennal conference of the Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), 9-11 April 2018, Lisbon Portugal