International Construction Contracts

A summary of Ben Mellors of Berwin Leighton Paisner LLP's blog post on FIDIC's April 2013 Guidance Memorandum on enforcing binding (but not final) dispute adjudication board (DAB) decisions.

A summary of Frederic Gillion of Fenwick Elliott LLP's blog post on trends in international construction and engineering arbitration, focusing on International Chamber of Commerce (ICC) arbitration and the changes in the ICC's 2012 arbitration rules. This post is the second of two parts.

A summary of Neil McInnes of Pinsent Masons LLP's blog post how using a tiered, risk-based approach can help parties to address the Bribery Act 2010 in their contracts.

This table is part of the PLC multi-jurisdictional guide to construction and projects. For a full list of jurisdictional Q&As visit www.practicallaw.com/construction-mjg.

This flowchart is part of the Australia Q&A article, part of the Construction and Projects multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/construction-mjg.

This table is part of the Australia Q&A article, part of the Construction and Projects multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/construction-mjg.

This table is part of the PLC multi-jurisdictional guide to construction and projects. For a full list of jurisdictional Q&As visit www.practicallaw.com/construction-mjg.

A summary of Edward Davies of Hill Dickinson LLP's blog post on the difference between professional risks and commercial risks, and how that affects insurance and warranting fitness for purpose in the context of construction and engineering projects.

A summary of Edward Davies of Hill Dickinson LLP's blog post on referring to a primary obligor in a parent company guarantee (PCG), including possible commercial alternatives.

A summary of Graham Robinson of Pinsent Masons LLP's blog post on a Pinsent Masons and Constructing Excellence report, Infrastructure in the new era.

This Law Firm Publication by SNR Denton examines the definition of "fit for purpose" when negotiating construction contracts. It explores dual design and construction obligations as well as looking at risks to professional indemnity insurance.

A summary of Edward Davies of Hill Dickinson LLP's blog post on whether Simon Carves Ltd v Ensus UK Ltd [2011] EWHC 657 (TCC) marks a seismic shift in the way on demand bonds are supported (or not) by the courts of England and Wales.

A summary of Jeremy Williams of Systech Solicitors' blog post on the challenge of facilitation payments and the Bribery Act 2010, based on his recent experience in Kenya.

A Q&A guide to construction and projects law in Austria. The Q&A gives a high level overview of the main trends and significant deals; the main parties; procurement arrangements; transaction structures and corporate vehicles; financing projects; security and contractual protections that funders require; standard forms of contracts; risk allocation; excluding liability, including caps and force majeure; contractual provisions covering material delays and variations; appointing and paying contractors; subcontractors; licences and consents; projects insurance; labour laws; health and safety; environmental issues; corrupt business practices and bribery; bankruptcy/insolvency; public private partnerships (PPPs); dispute resolution; tax and mitigating tax liability; the main construction organisations; and proposals for reform. For a full list of recommended construction and projects law firms and lawyers in Austria, please visit PLC Which lawyer? This Q&A is part of the PLC multi-jurisdictional guide to construction and projects law. For a full list of jurisdictional Q&As visit www.practicallaw.com/constructionhandbook.

A Q&A guide to construction and projects law in Chile. The Q&A gives a high level overview of the main trends and significant deals; the main parties; procurement arrangements; transaction structures and corporate vehicles; financing projects; security and contractual protections that funders require; standard forms of contracts; risk allocation; excluding liability, including caps and force majeure; contractual provisions covering material delays and variations; appointing and paying contractors; subcontractors; licences and consents; projects insurance; labour laws; health and safety; environmental issues; corrupt business practices and bribery; bankruptcy/insolvency; public private partnerships (PPPs); dispute resolution; tax and mitigating tax liability; the main construction organisations; and proposals for reform. For a full list of recommended construction and projects law firms and lawyers in Chile, please visit PLC Which lawyer? This Q&A is part of the PLC multi-jurisdictional guide to construction and projects law. For a full list of jurisdictional Q&As visit www.practicallaw.com/constructionhandbook.

A Q&A guide to construction and projects law in Sweden. The Q&A gives a high level overview of the main trends and significant deals; the main parties; procurement arrangements; transaction structures and corporate vehicles; financing projects; security and contractual protections that funders require; standard forms of contracts; risk allocation; excluding liability, including caps and force majeure; contractual provisions covering material delays and variations; appointing and paying contractors; subcontractors; licences and consents; projects insurance; labour laws; health and safety; environmental issues; corrupt business practices and bribery; bankruptcy/insolvency; public private partnerships (PPPs); dispute resolution; tax and mitigating tax liability; the main construction organisations; and proposals for reform. This Q&A is part of the PLC multi-jurisdictional guide to construction and projects law. For a full list of jurisdictional Q&As visit www.practicallaw.com/construction-mjg.

A Q&A guide to construction and projects law in Poland. The Q&A gives a high level overview of the main trends and significant deals; the main parties; procurement arrangements; transaction structures and corporate vehicles; financing projects; security and contractual protections that funders require; standard forms of contracts; risk allocation; excluding liability, including caps and force majeure; contractual provisions covering material delays and variations; appointing and paying contractors; subcontractors; licences and consents; projects insurance; labour laws; health and safety; environmental issues; corrupt business practices and bribery; bankruptcy/insolvency; public private partnerships (PPPs); dispute resolution; tax and mitigating tax liability; the main construction organisations; and proposals for reform. This Q&A is part of the PLC multi-jurisdictional guide to construction and projects law. For a full list of jurisdictional Q&As visit www.practicallaw.com/construction-mjg.

A summary of Edward Davies of Hill Dickinson LLP's blog post on political risk and uncertainty when working on contracts abroad. The post refers to force majeure, extensions of time and a contingency approach to risk management.

A summary of Vincent Connor and Parissa Notaras of Pinsent Masons LLP's blog post on liquidated damages (LDs), also known as liquidated and ascertained damages, in construction contracts, which refers to the "commercially justifiable" test and to Azimut-Benetti Spa (Benetti Division) v Healey [2010] EWHC 2234 (Comm).

A summary of Alexa Hall of Eversheds LLP's blog post on the impact of the Bribery Act 2010 on the UK's construction industry.

A summary of Elizabeth Harwood's post on the practical differences between a reasonable endeavours, all reasonable endeavours and best endeavours obligation.

A Q&A guide to doing business in Israel. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Colorado. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbihandbook.

A Q&A guide to doing business in Texas. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbihandbook.

This article is part of the PLC multi-jurisdictional guide to Construction and Projects. For a full list of jurisdictional Q&As visit www.practicallaw.com/constructionhandbook.

This article examines the investment environment across Latin America, according to some of the region's leading lawyers. In particular, the article considers recent developments in: Brazil; Mexico; Central America (particularly Costa Rica and Panama); Colombia, Peru and Uruguay; Venezuela; and Argentina.

The recent Crown Court judgment in R v Innospec Limited may have disrupted the Serious Fraud Office’s goals of encouraging more companies to self-report overseas corruption and, where appropriate, enter into plea discussions and agreements.

A Q&A guide to construction and projects in the United Arab Emirates. This Q&A is part of the PLC multi-jurisdictional guide to Construction and Projects. For a full list of jurisdictional Q&As visit www.practicallaw.com/constructionhandbook.

A summary of Charles Lilley of Berwin Leighton Paisner LLP's blog post on the UAE Civil Code, muqawala and decennial liability, as they affect the construction and engineering sector.

A revised Bribery Bill was introduced to the House of Lords on 19 November 2009, with a second reading on 9 December 2009.

A summary of Sarah Thomas' blog post, which refers to fitness for purpose, professional indemnity insurance, and FIDIC and IChemE International contracts.

A summary of Claire McNamara's blog post comparing the FIDIC and international IChemE forms of contract.

A summary of Michael Stewart's blog post on the effect that a condition precedent requiring a formal notice may have on a claim for an extension of time, and on payment of liquidated and ascertained damages (LADs).

An article on the FIDIC Gold Book 2008, which may be used on international design, build and operate (DBO) projects.

An update on PLC Construction's blog post on the status of timesheets and invoices that are signed-off by a site supervisor.

A discussion of US product liability issues for foreign manufacturers and recent developments in the area.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services.

As international arbitration grows in popularity, more jurisdictions are emerging as locations in which to arbitrate. This article highlights growing hotspots for international arbitration and identifies some of the top arbitration lawyers in these jurisdictions.

A consideration of the practical aspects of being involved in an international arbitration.

This article explains how the Build Operate Transfer (BOT) project finance structure works and the considerations which should be borne in mind when implementing the structure in emerging markets.