Relevant bibliographies by topics / Construction contract law

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Construction contract law'

Author: Grafiati
Published: 4 June 2021
Last updated: 3 February 2022

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Journal articles on the topic "Construction contract law"

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Virgo, Graham. "Contract construction and risk allocation." Cambridge Law Journal 58, no. 2 (July 1999): 265–93. http://dx.doi.org/10.1017/s0008197399242018.

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WHEN a judge needs to construe a contract, to what extent can he or she have regard to factors which are external to the agreement rather than adopt a literal interpretation? This was the crucial question for the Court of Appeal to answer in Bromarin A.B. and others v. I.M.D. Investments Ltd. [1999] S.T.C. 301.
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Pour, Nancy Asbaghi, and Mohammadreza Sharafatpeima. "Civil Liability in Construction Contracts and Compensation Practices in Iranian Law with an Emphasis on British Law." Journal of Politics and Law 9, no. 5 (June 29, 2016): 283. http://dx.doi.org/10.5539/jpl.v9n5p283.

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The huge volume of construction activity in our country, is done in compliance with the Treaty and the general condition of Treaty. Although there is no legal requirement but even in private sector activities, these conditions are considered because total material of general conditions of Treaty is largely justifying the employer. Civil liability and contracts in construction contracts can help to a large extent. The subject of this study is to find an answer for the question which what is the basic difference between Iranian and British laws on compensation practices in construction contracts? And also what's the difference between compensation basic conditions in construction contracts in Iran and Britain law? In Iranian law, compensation practices in construction contracts is implementation of the same commitment in the first place and the compensation is in case that it is explicitly foreseen in the contract; while compensation is existed in the British legal system compensation practices in construction contracts; While compensation is existed in the British legal system compensation practices of construction contracts and there is not a concept as implementation of the same commitment as one of the compensation practices. Compensation may be stipulated in the contract in the Iran's law or customs or law requires compensation, in British law also, compensation does not require to be stipulated in the contract.
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Goddard, I. A. "ESSENCE AND LEGAL NATURE OF THE CROSS-BORDER CONSTRUCTION CONTRACT." Proceedings of the Southwest State University 22, no. 3 (June 28, 2018): 153–64. http://dx.doi.org/10.21869/2223-1560-2018-22-3-153-164.

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The article gives a thorough analysis of various means of regulation of trans-border private law issues, including trans-border construction activities, based on a contract. The author analyses the sources of law, applicable in the sphere of construction, their types and specific areas of application with regard to practice. Analysing the sources of international and national law, the author comes to the conclusion that it is necessary to take into account their specifics and development tendencies when drafting cross-border construction contracts. The author compares international and national sources of law, types of regulation at conventional and national levels and comes to the conclusion that the conventional and national sources of law are closely interconnected. Private international law; standard form contracts; construction contract; lex mercatoria; construction activity regulation, international convention, conventional regulation, conflict of laws, foreign trade transactions, standard contracts; contract, building contract; lex mercatoria; regulation of construction activities.
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Clarke, Malcolm. "Construction of Contract Against the Reinsurer." Cambridge Law Journal 48, no. 2 (July 1989): 175–77. http://dx.doi.org/10.1017/s0008197300105185.

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Al-Saadoon, Omar. "Federal Iraqi Law Applicable to Construction Contracts." Arab Law Quarterly 24, no. 1 (2010): 105–17. http://dx.doi.org/10.1163/157302510x12607945807359.

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The background and ethos of the Iraqi Federal Civil Code and its applicability to agreements relating to construction projects are explored. The article provides a lucid description of the structure of the Code setting out the essential issues that relate to a construction contract. Mr. Al-Saadoon goes on to explore a whole range of legal issues that generally arise in construction agreements, including general contract law as well as an analysis of issues of particular relevance to the construction industry, such as defects, delay, payment and liquidated damages, to name but a few. The article establishes awareness that the provisions of the Code are not wholly dissimilar to the provisions found in commercial, and in particular, construction contracts used internationally. The Code has formed the template for other Civil Codes in Middle Eastern jurisdictions such as the United Arab Emirates.
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Rahmawati, Diana, Zakiyah Zakiyah, and Muhammad Arsyad. "Legality of Construction Working Contracts as an Formil Agreement." Lambung Mangkurat Law Journal 6, no. 1 (March 30, 2021): 85–102. http://dx.doi.org/10.32801/lamlaj.v6i1.234.

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The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).
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Al Azzam, Mohammad Olayan. "The Legal Nature of the Property Purchasing Contract under Construction comparative Study." Journal of Law 11, no. 2 (January 1, 2014): 325–50. http://dx.doi.org/10.12785/law/110208.

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만연교. "Construction of Evaluation Index System of “Labor Contract Law”." Chinese Law Review 34, no. ll (May 2018): 249–70. http://dx.doi.org/10.22415/clr.2018.34..011.

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Varavenko, Victor Evgenyevich, and Valeriya Andreevna Ostroukhova. "Unilateral termination of construction contract: comparative analysis of civil Legislation and international contract forms." Право и политика, no. 2 (February 2021): 70–82. http://dx.doi.org/10.7256/2454-0706.2021.2.35113.

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The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework “turnkey” contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Parts I and II of the Civil Code of the Russian Federation) that regulate unilateral termination of construction contracts. The novelty of this research lies in conducting a comparative analysis of Russian legislation and contract forms developed by the international nongovernmental organizations. The examination of foreign experience in the sphere of legal regulation of termination of contract are based on analysis of the norms of contract law of the national legal systems of foreign countries. However, according to the foreign authors, contract law within the systems of both, general and continental law, was developing in seclusion, without substantial influence of one national system upon another. International influence upon the national contract law emerged relatively recently in the sphere of foreign economic activity. At the same time, the key factor for mutual enrichment of the national systems of contract law became the use of international contract forms, which contributed to the unification of contractual regulation of the relations of obligation in national jurisdictions. Their influence upon the development of contract law was far more substantial than even the development of international conventions with substantive law regulations.
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Goddard, I. A. "Content and Characteristics of a Cross-Border Construction Contract." Actual Problems of Russian Law, no. 1 (January 1, 2019): 163–72. http://dx.doi.org/10.17803/1994-1471.2019.98.1.163-172.

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The paper deals with the problems of legal regulation of relations arising due to a cross-border construction contract. The author substantiates the presence of the characteristics distinguishing a cross-border construction contract from the related private law agreements. Based on the results of the legal doctrine and arbitration practice study the author identifies a number of new features.The most important aspects disclosed by the author in the paper concern the theoretical and practical aspects of determining the content of the characteristics of a cross-border construction contract, distinguishing it from other private law contracts.The author makes a conclusion on the formation of new constitutive features of a cross-border construction contract and the possibility of assigning a cross-border construction contract to a separate, independent type of sui generis contracts.
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Dissertations / Theses on the topic "Construction contract law"

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Williams, Gail Antoinette. "Contract as organisation : an economic analysis of the joint contracts tribunal's standard form of building contract 1980." Thesis, University of Newcastle Upon Tyne, 1992. http://hdl.handle.net/10443/624.

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The objective of this thesis is to consider whether the institutionalist hypothesis that the choice of organisational form functions to limit the transaction costs of organising productive activities explains a major standard-form contract which is used in building production. I approach this task by demarcating three models of contract which represent different points along a "contracting continuum". Each of the three governance structures - classical contract, relational contracting and the firm - represents a distinct patterning of resource co-ordination and each generates its own configuration of transaction costs. Thus the contracting continuum provides a basis for comparing the cost-reducing strengths and weaknesses of governance structures that vary with respect to their characterisation of relations between economic actors, and of the form and substance of both planning and implementation of decisions. The second part of the thesis focuses on the standardform building contract and its location along the contracting continuum. This part of the thesis addresses the question of "transactional fit" between the building contract and the activity which it purports to regulate. The analysis proceeds by identifying sources of transaction costs in the context and in the practices of building production and examining the governance implications of the contractual responses to such costs. 11 In its conclusions the thesis attempts to evaluate the contribution of institutional analysis our understanding of legal conceptions of contract. By using an industry-wide standard-form contract as a focus, I hope to illustrate some of the strengths and also the limitations of this approach. Building contracts have received little academic attention in the UK., and transaction cost analysis of governance structures is a young science which has been pursued with more enthusiasm by economists than by lawyers. As yet there has been little attempt to relate substantive aspects of the lawyer's understanding of contract to the "new institutional economics". It is hoped that this thesis will make a contribution to that exercise.
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Ayus, Abdul Mohaimin Bin Noordin. "Building contract claims a comparative study (Scotland, England and Malaysia) /." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 1992. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=59638.

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Mastrandrea, F. "The quantification of construction contractors' claims." Thesis, University of Reading, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.306812.

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Hui, Ken. "Court decisions on building contract disputes a Coasian empirical analysis /." Click to view the E-thesis via HKUTO, 2008. http://sunzi.lib.hku.hk/hkuto/record/B40988193.

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Sarie, Eldin Hani Salah. "Consortia agreements in the international construction industry : with special reference to Egypt." Thesis, Queen Mary, University of London, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.338431.

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Craig, Ronald W. "Controversial aspects of Commonwealth Construction and Engineering Procurement Law." Thesis, Loughborough University, 2000. https://dspace.lboro.ac.uk/2134/7550.

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This research exposes to examination and understanding the law governing procurement of construction and engineering works and services. The thesis captures both development of common law and judicial determination of statutory law. It takes the form of published journal articles and conference papers which discuss legal issues relevant to construction procurement and conclude with recommendations for clients and construction project managers on how to better manage the procurement process. The work reveals, inter alia, the extent to which contract law regulates the tendering phase of construction procurement and places the client under an obligation to the tenderer characterised as 'fair dealing' or 'good faith'. Chapter 1 is of an introductory nature. Chapter 2 sets the crime of manslaughter arising out of construction site fatality as a procurement issue. The author notes the UK government's intention to introduce the new offences of reckless killing, killing by gross carelessness and corporate killing. Chapter 3 discusses cases where disaffected parties to the tendering process have made private law challenges of that process seeking compensation for the other party's alleged irregularities. The client is generally obliged in law to treat all tenderers equally and fairly and to refrain from evaluating tenders and awarding contracts other than in accordance with the rules set down in the tender conditions. Chapter 4 addresses the question: do traditional tendering processes encourage, or merely permit, contractor innovation? Several tender codes are reviewed to establish whether these codes provide for, or encourage, innovative proposals from competing bidders. Chapter 5 provides updating case material for the period 1999-2000 which helps to underpin the conclusions and recommendations set out in Chapter 12. Chapter 6 is a criticism of the NJCC's Code of Procedure for Single Stage Selective Tendering and the CIB's Code of Practice for the Selection of Main Contractors. Suggestions are made as to what a new tender code might include in the light of selected decisions of the common law courts. It is argued that a set of 'standard' tender rules should become the terms of a 'tender contract'. Those rules would properly reflect decisions of the courts and would be accepted by all parties to the process as a tender contract document. Chapter 7 discusses how the common law protects the integrity of construction procurement by imposed or assumed contractual obligations. Procurement of subcontract works is also considered. The author concludes that the tendering contract operates between main contractor and subcontractor as it does between owner/ developer and main contractor, and that the 'two contract' analysis provides the best basis for upholding integrity of the bidding process. Chapter 8 sets out advice for quantity surveyors and project managers derived from the decisions of the common law courts. The author argues that practice should be shaped to reflect the obligations assumed by parties in common law so as to avoid claims from aggrieved bidders. In Chapter 9 the focus shifts from private to public law. A Scottish court denied a remedy to the unsuccessful bidder on the grounds that the contract award process was unfair, unreasonable and in breach of natural justice. The author argues that a successful case might have been made out in private law and concludes with recommendations as to how the tender process might be better conducted. Chapter 10 deals with public procurement under the rules of the European Union (EU), noting a particularly important decision by the European Court of Justice that contracting authorities are obliged to treat all tenderers equally and fairly, a duty that parallels that found in common law and discussed in Chapters 2 through 8. Chapter 10 concludes with an article on Rv Portsmouth City Council (1996), reviewing both decisions at first instance and in the English Court of Appeal. Chapter 11 considers the risks of developers and contractors by examining the effectiveness of 'controls' imposed by common law when the usual statutory controls are temporarily withdrawn. It can be seen that the common law has not evolved to protect the interests of neighbours and local residents from the perils and hazards of property development which result in environmental degradation. This chapter concludes with recommendations as to how developer and constructors might minimise their impact on adjacent property owners. Chapter 12 presents a summary of the conclusions drawn from the completed research project and the author's recommendations for further research within the procurement topic.
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Bennani, Ali. "Les contrats FIDIC." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD073.

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Participant d'un mouvement global d'élaboration du droit par des organismes privés, la Fédération Internationale des Ingénieurs Conseils (FIDIC) élabore et diffuse les contrats FIDIC. Il s'agit de contrats-types utilisés dans les grands projets de construction internationaux par les acteurs du secteur de la construction internationale. Les contrats FIDIC participent à la transnationalisation du droit applicable à ces projets. Cette transnationalisation pose la question de l'existence d'une lex constructionis, dérivée spécifique de la lex mercatoria.Pour répondre à la question de l'existence de la lex constructionis, l'auteur procède à l'étude de la formation et de l'application des contrats FIDIC
The FIDIC ContractsThe International Federation of Consulting Engineers (FIDIC), participating in a global trend of creation of the rule of law by private organizations, elaborates and issues the FIDIC contracts. These contracts are standards widely used in major international constructionn projects by the main actors of international construction market. The FIDIC contracts participate to the transnationalization of the applicable law to such major projects. This transnationalization raises the question of the existence of a lex constructionis, a specific derivative of the lex mercatoria. In order to answer the question of the existence of the lex constructionis, the author procedes to the study of the formation and the application of the FIDIC contracts
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Pang, Oi Ling Irene. "Dispute resolution for construction contracts adopting the 1999 general conditions of contract of the HKSAR deficiencies in the GCC /." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21847691a.pdf.

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Ko, Chun Wa Johnason. ""Is adoption of Public Private Partnership (PPP) model in infrastructure contract an effective form of contract to minimize disputes?"." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21844197a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2007.
"Master of Art in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
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Hui, Ken, and 許亦鈞. "Court decisions on building contract disputes: a Coasian empirical analysis." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B40988193.

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Books on the topic "Construction contract law"

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Krol, John J. P. Construction contract law. New York: Wiley, 1993.

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Adriaanse, John. Construction Contract Law. London: Macmillan Education UK, 2010. http://dx.doi.org/10.1007/978-0-230-36600-8.

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Adriaanse, John. Construction Contract Law. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-00959-3.

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Klee, Lukas. International Construction Contract Law. Chichester, UK: John Wiley & Sons Ltd, 2018. http://dx.doi.org/10.1002/9781119430551.

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Klee, Lukas. International Construction Contract Law. Chichester, UK: John Wiley & Sons, Ltd, 2015. http://dx.doi.org/10.1002/9781118717868.

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author, Wieliczko Max, ed. Construction contract variations. Milton Park, Abingdon, Oxon: Informa Law from Routledge, 2014.

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Royal Institute of British Architects., ed. International construction contract management. London: RIBA Enterprises, 2005.

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Lee, Edwin Peng Khoon. Building contract law in Singapore. 2nd ed. Singapore: Acumen, 2003.

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Lee, Edwin Peng Khoon. Building contract law in Singapore. Singapore: Acumen, 2002.

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Seah, Hsiu-Min Eugene. Construction procurement, contract administration and the law. Singapore: LexisNexis, 2014.

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Book chapters on the topic "Construction contract law"

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Haidar, Ali D. "Construction Contract Law." In Handbook of Contract Management in Construction, 11–30. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-72265-4_2.

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Powell, Geoff. "Contract law." In Construction Contracts Preparation and Management, 245–68. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1057/978-1-137-51116-4_15.

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James, Michael F. "Builders’ Liability in Contract." In Construction Law, 1–47. London: Macmillan Education UK, 2002. http://dx.doi.org/10.1007/978-1-137-10204-1_1.

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James, Michael F. "Builders’ Liability in Contract." In Construction Law, 3–31. London: Macmillan Education UK, 1994. http://dx.doi.org/10.1007/978-1-349-13214-0_1.

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Adriaanse, John. "Outline of the Law of Obligations." In Construction Contract Law, 18–35. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-00959-3_2.

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Adriaanse, John. "Outline of the Law of Obligations." In Construction Contract Law, 16–35. London: Macmillan Education UK, 2010. http://dx.doi.org/10.1007/978-0-230-36600-8_2.

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Adriaanse, John. "The Nature of Construction Contracts." In Construction Contract Law, 1–17. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-00959-3_1.

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Adriaanse, John. "Payment and Certification." In Construction Contract Law, 216–43. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-00959-3_10.

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Adriaanse, John. "Subcontracting." In Construction Contract Law, 244–56. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-00959-3_11.

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Adriaanse, John. "Supply Contracts." In Construction Contract Law, 257–75. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-00959-3_12.

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Conference papers on the topic "Construction contract law"

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Quapp, Ulrike, and Klaus Holschemacher. "Aspects of Building Contract Law and Professional Liability Under German Law." In Research, Development and Practice in Structural Engineering and Construction. Singapore: Research Publishing Services, 2012. http://dx.doi.org/10.3850/978-981-08-7920-4_ldr-1-0036.

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Onsarigo, Lameck, and Simon Adamtey. "Changes in Trenchless Construction Contracts and the Protection Afforded to Subcontractors under Contract Law." In Pipelines 2020. Reston, VA: American Society of Civil Engineers, 2020. http://dx.doi.org/10.1061/9780784483206.042.

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Zhan, Li. "Research of Prevention and Control of the Construction Project Contract Law." In 2014 2nd International Conference on Education Technology and Information System (ICETIS 2014). Paris, France: Atlantis Press, 2014. http://dx.doi.org/10.2991/icetis-14.2014.112.

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"On the Course Reform Construction of Network Teaching Mode of Contract Law." In 2018 3rd International Social Sciences and Education Conference. Francis Academic Press, 2018. http://dx.doi.org/10.25236/issec.2018.118.

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Mitkus, Sigitas. "The concept of proper quality of construction works in lithuanian construction law." In Business and Management 2016. VGTU Technika, 2016. http://dx.doi.org/10.3846/bm.2016.27.

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The article analyses the concept of proper quality of construction works in law of the Republic of Lithuania. The analysis covers the quality requirements laid down in the Law on Construction, the Civil Code and case law. The article also defines and analyses the main categories used in Lithuanian law to characterise the quality of construction works, in particular, compliance with the standard quality of a construction works, compliance with the quality requirements set in contract documents, compliance with the requirements ordinarily presented for work of the respective nature, and fitness for use in accordance with its designation within the limits of a reasonable period.
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Cibulskienė, Renata, and Sigitas Mitkus. "The concept of builder and its liability for the quality of the construction works in lithuanian construction law." In Business and Management 2016. VGTU Technika, 2016. http://dx.doi.org/10.3846/bm.2016.30.

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A construction process, from the issue of a document allowing construction to signing a transfer- acceptance deed, involves a number of entities for which the law provides for different rights and duties. One of such entities is a builder (customer). The article discusses issues related with the establishment of the builder’s duties during the construction process and application of liability for failure to perform them or improper performance thereof. The concept of the builder (customer) is disclosed, and the builder’s civil liability for incompliance of construction works with the laws or provisions of the works contract, as well as late performance of construction works are analysed. It is analysed how to identify correctly a builder as one of the main entities of construction and to separate him from other participants of the construction process, such as head of construction or construction technical supervisor. The builder’s duties are analysed which improper performance has an effect on the quality of works carried out by the contractor, also issues raised in the Lithuanian case-law are discussed.
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Yitawati, Krista, Adi Sulistiyono, and Pujiono. "Indonesian Business Law: Legal Construction Between Bank-Creditor and Bank-Debitor in the Sub-Participation Contract." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.39.

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White, Nancy J., Sigitas Mitkus, and Renata Cibulskienė. "Classification of a defect as breach of contract or tort: a comparative study of the U.S. and the Republic of Lithuania." In Contemporary Issues in Business, Management and Economics Engineering. Vilnius Gediminas Technical University, 2019. http://dx.doi.org/10.3846/cibmee.2019.067.

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Purpose – this paper compares the approach of United States’ law and Lithuanian law in classifying a construction defect as a breach of contract or tort. Research methodology – the paper uses case studies to analyze. Unites States’ law approach divides damages into damages for breach of contract and tort damages. According to Lithuanian law, civil liability is assigned to contractual and non-contractual (tort) liability depending on the nature of the unlawful actions. Findings – the cases demonstrate that a defect usually is considered a breach of contract. Different types of damages are recoverable: compensatory damages according to United States’ law and direct and indirect damages are recoverable according to Lithuanian law. Research limitations – both contractual and non-contractual liability are analyzed. In addition, defects to construction by an act of fraud are covered. More research is needed on how the law affects the extension of the warranty period or the statute of limitations. Originality/Value – the paper provides a new interpretation of classification a construction defect as a breach of contract or tort and offers new insights comparing the different approach of law. Practical implications – the paper will be instructive to developers, contractors, management corporations
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Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that the adoption of the FIDIC Rules by the domestic laws of the parties has not yet reached the desired stage. Aside from the fact that arbitral awards are confronted with public authority during the enforcement phase, there are also difficulties of parallel proceedings that national courts have resorted to legal proceedings although there is an agreement involving arbitration clauses. The protection of the investor, the equitable treatment of the investor and the protection against expropriation are all on the agenda and a direct link can be established between FIDIC and Bilateral Investment Treaties.
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10

Manurung, Edison Hatoguan, and Ina Heliany. "Force Majeure and Unfulfillment of Construction Contracts Due to COVID-19 in Indonesia." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.313.

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Reports on the topic "Construction contract law"

1

Ashenfelter, Orley, David Ashmore, and Randall Filer. Contract Form and Procurement Costs: The Impact of Compulsory Multiple Contractor Laws in Construction. Cambridge, MA: National Bureau of Economic Research, February 1997. http://dx.doi.org/10.3386/w5916.

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