ABSTRACT

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.

chapter Chapter 1|20 pages

Introduction

chapter Chapter 2|32 pages

Contract law

chapter Chapter 3|41 pages

Construction contracts

chapter Chapter 4|29 pages

Lex constructionis 1

chapter Chapter 5|6 pages

Entry into a contract

chapter Chapter 6|16 pages

General provisions

chapter Chapter 7|19 pages

The Employer

chapter Chapter 8|27 pages

The Engineer

chapter Chapter 9|38 pages

The Contractor

chapter Chapter 10|22 pages

Subcontracting

chapter Chapter 11|25 pages

Design

chapter Chapter 12|6 pages

Staff and labour

chapter Chapter 13|9 pages

Plant, materials, and workmanship

chapter Chapter 14|39 pages

Commencement, delays, and suspension 1

chapter Chapter 15|17 pages

Planning and programming 1

chapter Chapter 16|6 pages

Tests on and after completion

chapter Chapter 17|8 pages

Employer's Taking-Over

chapter Chapter 18|14 pages

Defects after Taking-Over

chapter Chapter 19|7 pages

Measurement and valuation

chapter Chapter 20|20 pages

Variations and adjustments

chapter Chapter 21|44 pages

Contract price and payment

chapter Chapter 22|14 pages

Termination by the Employer

chapter Chapter 23|10 pages

Suspension and termination by the Contractor

chapter Chapter 24|12 pages

Care of the Works and indemnities

chapter Chapter 25|6 pages

Exceptional events

chapter Chapter 26|14 pages

Insurance

chapter Chapter 27|21 pages

Employer's and Contractor's claims

chapter Chapter 28|64 pages

Dispute avoidance and resolution

chapter Chapter 29|33 pages

The impact of ICT on construction contracts