Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars.
The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties.
It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.
Author(s): Philip Loots, Donald Charrett
Series: Practical Legal Guides for Construction and Technology Projects
Publisher: Routledge/Informa Law
Year: 2022
Language: English
Pages: 847
City: London
Cover
Half Title
Series
Title
Copyright
Dedication
Contents
List of illustrations
List of tables
Author biographies
Acknowledgements
Foreword
List of cases
Legislation
Chapter 1 Introduction
Chapter 2 Contract law
Chapter 3 Construction contracts
Chapter 4 Lex constructionis
Chapter 5 Entry into a contract
Chapter 6 General provisions
Chapter 7 The Employer
Chapter 8 The Engineer
Chapter 9 The Contractor
Chapter 10 Subcontracting
Chapter 11 Design
Chapter 12 Staff and labour
Chapter 13 Plant, materials, and workmanship
Chapter 14 Commencement, delays, and suspension
Chapter 15 Planning and programming
Chapter 16 Tests on and after completion
Chapter 17 Employer’s Taking-Over
Chapter 18 Defects after Taking-Over
Chapter 19 Measurement and valuation
Chapter 20 Variations and adjustments
Chapter 21 Contract price and payment
Chapter 22 Termination by the Employer
Chapter 23 Suspension and termination by the Contractor
Chapter 24 Care of the Works and indemnities
Chapter 25 Exceptional events
Chapter 26 Insurance
Chapter 27 Employer’s and contractor’s claims
Chapter 28 Dispute avoidance and resolution
Chapter 29 The impact of ICT on construction contracts
Glossary of terms
Appendix A: Matters for consideration when drafting a construction contract
Appendix B: Risk factors in the construction of infrastructure projects
Appendix C: Global claims
Index
