Multiple Contracts and Coordination in International Construction Projects: A Swiss Law Analysis
International Arbitration Law Library, Volume Number 57
About this book:
Multiple Contracts and Coordination in International Construction Projects provides a comprehensive analysis of legal key issues arising from interdependencies and the coordination of works under multiple contracts in international construction projects. To the extent that these works are interdependent, their coordination is of paramount importance for the project and for those involved in its performance. The primary objective of the book is to propose a methodological approach to determining the way in which coordination of works under multiple contracts could or should occur. This book is about the coordination of works in an international context, of works involving international construction contracts, which combine the challenges of construction with those of cross-border transactions and legal disputes.
What’s in this book:
The book examines, from a Swiss law perspective, the problem of interdependencies across contractual system boundaries, the legal consequences of coordination failure, and some selected aspects of dispute resolution. Topics covered include the following:
- interfaces and interdependencies across the system boundaries of multiple contracts;
- coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions;
- delegation scenarios;
- liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility;
- direct claims against third parties;
- taking of evidence under substantively intertwined contracts; and
- coordination of interrelated arbitration proceedings.
The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers useful practice pointers.
How this will help you:
With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove to be of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers. The present analysis carried out in the book may be used as a reference for academics and international practitioners conducting research under other legal systems.
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About the Author
List of Abbreviations
List of Figures
Construction Works and Their Coordination
Employer’s Coordination Responsibility
Delegation of Coordination Responsibility
Legal Consequences of Coordination Failure