ABSTRACT
Chapter 36 discusses the application of the UNIDROIT Principles to construction contracts. These principles have been articulated by a learned body of lawyers from around the world to distil the basic principles of contract law that are recognised by most legal systems, civil law, socialist law and common law. There is considerable jurisprudence on the application of the UNIDROIT Principles from the courts of various countries, as well as in many arbitration awards. Aspects of this jurisprudence on the various applications of the UNIDROIT Principles are discussed, noting the limitations that may apply where disputes are resolved in court. Such limitations do not apply to international arbitration of construction disputes, and it is suggested that the UNIDROIT Principles could be applied to make such dispute resolution truly independent of any national law. Suggestions are made as to how the Principles may have applications to resolve some of the issues that often arise in construction disputes.
