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CHAPTER 1 Introduction to construction disputes Applicable principles of law Construction by its very nature is a complex undertaking involving numerous trades and disciplines all working under what is usually a “tight budget” and with time constraints for completion – all of which lead to the possibility of conflict and . . . Read more
CHAPTER 3 Design disputes and liability Design professionals Historically, the responsibility for design, and any disputes that subsequently arose, was that of either the architect or the engineer. Today, however, design liability can attach to an architect, an engineer, builders and their subcontractors, and can sometimes revert to the employer . . . Read more
html xmlns=”http://www.w3.org/1999/xhtml”> 2 Risk 2.1 How risk may be allocated The standard form contracts common in international projects contain detailed terms allocating risk. The FIDIC forms provide instructive examples of this. In what follows we shall try to bring out how differently risk might be allocated in different types of project . . . Read more
fit for the purposes for which the Works are intended as defined in the Contract’, need to be understood or interpreted in accordance with the governing law of the contract. Clause 1.4 provides for the contract to be governed by the law of the country stated in the Appendix to . . . Read more