Standard Form Construction Contracts in Australia: Are Our Reinvented Wheels Carrying Us Forward?

2009 ◽  
Author(s):  
Matthew Bell
Keyword(s):  
Standard Form ◽  
Construction Contracts

Part I Commercial Arbitration in the Energy Sector, 5 Energy Construction and Infrastructure Disputes

2018 ◽  
Author(s):  
Rees Peter ◽  
Connors Jess
Keyword(s):  
Subject Matter ◽  
Construction Projects ◽  
Standard Form ◽  
Energy Sector ◽  
Commercial Arbitration ◽  
Construction Contracts ◽  
Wide Range ◽  
English Law

This chapter discusses the types of disputes which commonly arise in relation to energy and infrastructure construction projects. In terms of physical subject matter — that is, what is being built — this encompasses a wide range of structures, both onshore and offshore. The chapter describes the types of energy and infrastructure construction projects covered here. Moreover, it shows that, despite the variety of problems which can arise in disputes, there are common pressure points in projects which give rise to similar issues. Therefore, the chapter identifies some of the standard form contracts which are used (often in an adapted form) in these types of projects. Next, the chapter considers — from an English law perspective — some of the types of clauses which commonly feature in energy and infrastructure construction contracts.

scholarly journals Application of FIDIC general conditions in transport infrastructure projects in Croatia

2021 ◽  
Author(s):  
Ksenija Čulo ◽  
Vladimir Skendrović
Keyword(s):  
Oil And Gas ◽  
Public Procurement ◽  
Standard Form ◽  
Transport Infrastructure ◽  
The European Union ◽  
Infrastructure Projects ◽  
Construction Contracts ◽  
Wide Range ◽  
The World ◽  
General Conditions

Infrastructure is a broad term encompassing a wide range of facilities from roads and railway lines to wind, waste and water projects, oil and gas facilities, pipelines and processing plants. Whilst infrastructure construction contracts have key provisions in common, there is no one standard form that fits all projects. Any standard form will need to be tailored to suit the demands of the projects, the risk profile of the parties and comply with the legal jurisdiction of the contract and project location. Increasingly contractors are enhancing their expertise and working on infrastructure projects internationally. As a result, the forms of construction contracts used are becoming more standardized. Nowadays, FIDIC forms of contract are intended to be suitable for projects carried out around the world by all types of employers with the extensive support of large investors such as the World Bank or the European Union. The terms of the Conditions of Contract for Construction have been prepared by the Fédération Internationale des Ingénieurs-Conseils (FIDIC). Two most frequently used FIDIC models of construction contracts are Conditions of Contract for Construction (known as Red Book) and Conditions of Contract for Plant and Design-Build (known as Yellow Book). These general conditions are also used as contract conditions in Croatia for public procurement of transport infrastructure projects. The use of FIDIC General Conditions of Contract in the realization of transport infrastructure construction works in Croatia is presented in the paper.

scholarly journals ESSENCE AND LEGAL NATURE OF THE CROSS-BORDER CONSTRUCTION CONTRACT

2018 ◽  
Vol 22 (3) ◽  
pp. 153-164
Author(s):  
I. A. Goddard
Keyword(s):  
International Law ◽  
Standard Form ◽  
Private International Law ◽  
Conflict Of Laws ◽  
International Convention ◽  
Construction Contracts ◽  
Cross Border ◽  
Legal Nature ◽  
Construction Activity ◽  
Lex Mercatoria

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.

A practical approach in clarifying legal drafting: Delphi and case study in Malaysia

2016 ◽  
Vol 23 (5) ◽  
pp. 610-621
Author(s):  
Heap-Yih Chong ◽  
Chee Kheng Oon
Keyword(s):  
Standard Form ◽  
Actual Case ◽  
Content Type ◽  
Construction Contracts ◽  
Interpretation Errors ◽  
English Usage ◽  
Research Findings ◽  
Delphi Research ◽  
The Given

Purpose Legal drafting is one of the root causes for interpretation errors and misunderstandings in construction contracts. Moreover, most construction personnel do not have legally trained background. Therefore, the purpose of this paper is to determine the feasible use and practicality of Plain English in clarifying legal drafting in Malaysian construction contracts. Design/methodology/approach Two research approaches were adopted, namely, Delphi research and case study. The Delphi method was to elicit local experts’ knowledge and consensus view on the given examples of restructured contract provisions. Next, an actual case study was conducted to examine and substantiate the research findings by critically reviewing the latest and revised standard form of contract for its Plain English usage. Findings The Delphi research shows that all the restructured contract provisions were agreed by the local experts; whereas the case study reveals that significant changes and the acceptance of Plain English in most of the contract provisions. Originality/value The research renders insightful references in clarifying legal drafting in construction contracts based on the empirical evidence and the use of Plain English from the Malaysian scenario. It also contributes into the resolution of contractual differences and conflicts caused by the misunderstandings or interpretation problems.

Production of New and Revised A.A.V.S.O. Charts

1979 ◽  
Vol 46 ◽  
pp. 368
Author(s):  
Clinton B. Ford
Keyword(s):  
Variable Star ◽  
Standard Form ◽  
Original Data ◽  
University Of Pennsylvania ◽  
Standard Format ◽  
Additional Information ◽  
The Gift ◽  
The University

A “new charts program” for the Americal Association of Variable Star Observers was instigated in 1966 via the gift to the Association of the complete variable star observing records, charts, photographs, etc. of the late Prof. Charles P. Olivier of the University of Pennsylvania (USA). Adequate material covering about 60 variables, not previously charted by the AAVSO, was included in this original data, and was suitably charted in reproducible standard format.Since 1966, much additional information has been assembled from other sources, three Catalogs have been issued which list the new or revised charts produced, and which specify how copies of same may be obtained. The latest such Catalog is dated June 1978, and lists 670 different charts covering a total of 611 variables none of which was charted in reproducible standard form previous to 1966.

Statistical Evaluation for claims and disputes in construction contracts

2017 ◽  
Vol 5 (2) ◽  
pp. 80-96
Author(s):  
Raid Saleem Abd Ali ◽  
Nooran kanaan Yassin
Keyword(s):  
Construction Projects ◽  
Statistical Evaluation ◽  
Relative Importance ◽  
Minimum Level ◽  
Construction Contracts ◽  
Long Period ◽  
Price Schedule ◽  
Questionnaire Form ◽  
The Subject ◽  
The Cost

This research aims to diagnose and identify the causes of claims and disputes between the contractor and the employer, also review the methods used to resolve disputes in construction contracts. In order to achieve the goal of the research, scientific methodology is followed to collect information and data on the subject of claims and disputes in construction projects in Iraq through personal interviews and questionnaire form. The most important results in this research are: the price schedule contract as a kind of competitive contracts is the most important and guarantee for the completion of minimum level of claims and disputes with relative importance of (84.1), compared with the (cost plus a percentage of the cost contract) as a kind of negotiating contracts is the most relative importance of (79.6), and the turnkey contract as a kind of special contracts is the most relative importance of (74.2). The  contractor and  his agents are one of the most influence sources in occurring claims and disputes in construction contracts with relative importance of (77.4) followed by the contract documents with relative importance of (74.2) and then the employer with relative importance of (73.2). In addition to the long period of litigation and the multiplicity of veto grades are most negative when contractual disputes have resolved by it, and with relative importance of (86), followed by the large number of issues and lack of efficiency and specialty of Judges with relative importance (78.4). Finally, the direct negotiation method (relative importance of 77) is one of the most friendly settlement ways favored by conflicted parties, while the resolution of disputes and claims board (relative importance of 10) occupied the last rank in the friendly settlement ways.

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