“A common law of construction contracts” – or vive la différence? 1

Chapter 30 looks at a cross-jurisdictional issue: is there “a common law of construction contracts” – or vive la différence? As there are differences in terminology and in legal principle between legal systems and even between jurisdictions within a legal system, it can be difficult to discern even broad principles of a common construction law. Nevertheless, the principles of freedom of contract and pacta sunt servanda form the basis of construction law around the world, and form the basis of a thriving international construction industry. Construction contracts can be executed in the knowledge that, notwithstanding local law differences, there are appropriate methods of dispute resolution, broad agreement on what constitutes a just outcome in most situations and international norms that ensure remedies can be realised.