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A distinguishing characteristic of international construction projects is the challenging environment in which they often proceed. Where there are stakeholders from several different countries, the challenges can be cultural, economic, legal, physical, political and technical. A number of troublesome issues repeatedly manifest themselves on projects around the world. By understanding how these issues affect projects, participants might not only gain a commercial advantage, but also avoid costly disputes. This subject seeks to explore these troublesome issues from a commercial and industry-focused point of view.
Paul Tracey has 30 years of international experience acting as a commercial manager and expert witness. Brodie McAdam is a solicitor and Program Leader of the Construction Law and Practice Masters at the University of Salford.
Within a comparative common law context emphasising the Middle East, the United Kingdom and other jurisdictions, this subject examines the legal and non-legal issues that operate as external constraints on construction projects.
Principal topics include:
- Contract formation and typical contractual arrangements in practice on international construction projects
- The approach to sanctity of contract around the world
- Commercial risk management on international construction projects, including unforeseen or latent conditions, caps on liability, consequential loss, force majeure, choice of law and dispute resolution mechanisms
- Managing time, cost and quality risk on international construction projects using contractual mechanisms, including the approach adopted in various countries to calls on performance bonds, and valuation of variations
- Preparing prolongation and disruption claims on international construction projects
- The role of the engineer or contract administrator
- Liquidated damages for delay and performance
- The influence of national culture on the preparation, evaluation and negotiation of time and money claims on international construction projects in the Middle East.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding in a comparative context of the aims and methods of the law as it particularly applies to the delivery of international construction projects
- Have a detailed understanding of the cultural, economic, legal, physical, political and technical issues that commonly affect international construction projects
- Be able to deal at an advanced level with some of the major points of distinction in construction law and practice in jurisdictions including parts of the Middle East, and the United Kingdom
- Have a subtle appreciation of comparative legal and non-legal approaches to contractual claims
- Have the technical skills to independently examine, research and analyse comparative approaches to construction law
- Be able to contribute meaningfully to ongoing debates about optimal ways of dealing with these matters at a policy level.
Last updated: 29 October 2019