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Cross-border construction contracting, and the avoidance and conduct of international construction disputes, has a distinctive character and content.
Lawyers and industry professionals need to be familiar with the differences between legal systems and the impact of statutory law, the key issues in the international financing and procurement of projects, the range of standard form international contracts available for various delivery methodologies, along with the intricacies associated with those processes in an international context.
As well, this subject provides detailed treatment of both dispute avoidance techniques used in international projects and an introduction to the principles and practice of international arbitration in the construction context.
Principal topics include:
- Discussion of the key differences between common law and civil law, and how they impact on the practice of construction law in different jurisdictions
- The role of statute law applicable to the construction site, such as security of payment and lien legislation
- Key issues in the financing and delivery of international construction projects, including alternative financing such as PPP
- Analysis of international construction contracts including an examination of contracting models and standard-form contracts for international construction projects (including the International Federation of Consulting Engineers (FIDIC) suite and collaborative contract models)
- Key elements of contractual risk allocation including project security (bonds, letters of credit, and guarantees), insurance, regulatory risks, political risks, etc.
- An examination of international bodies dealing with the determination or resolution of international construction disputes
- An introduction to the jurisdictional, applicable law and procedural framework for the prosecution, determination and enforcement of construction disputes through international arbitration
- Identification and consideration of contractual and extra-contractual alternative dispute resolution (ADR) and dispute avoidance procedures (DAPs) in the context of international construction.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Evaluate and explain, in a comparative and contemporary context, the role and functions of law in relation to construction projects involving international parties in different jurisdictions
- Critically reflect on, and be confident in working across, the interaction between the technical, commercial and legal aspects of construction procurement in Australia and overseas
- Investigate, examine and analyse existing and emerging legal issues relating to construction projects in Australia and overseas.
Last updated: 10 November 2023