ABSTRACT

Each jurisdiction has laws that impact on contracts for construction work: for the governing law of the contract, for the site of the construction work, or for the seat of dispute resolution. This chapter explores the question of whether there are universally accepted principles of construction law, a lex constructionis. Three issues are discussed that can promote greater uniformity in the international practice of construction law: the use of FIDIC contracts, international commercial arbitration and the modern statements of the lex mercatoria. A list of twenty principles of lex constructionis is proposed.