International Construction Law examines the key issues and legal concepts that U.S. companies and their lawyers face with construction projects that cross international borders, as well as providing invaluable practical tips for handling these projects. It draws on the practical knowledge of...
International Construction Law
examines the key issues and legal concepts that U.S. companies and their lawyers face with construction projects that cross international borders, as well as providing invaluable practical tips for handling these projects. It draws on the practical knowledge of construction lawyers experienced in all areas of international and cross-border projects.
This book considers the general concepts and issues with which a construction firm should be aware when considering contracting across borders and determining how it should locate and contract for international work. Once all elements have been considered and the decision is made to proceed, the book examines a number of other critical issues that come into play, including:
- Choosing the form of business organization to pursue or perform the project.
- The available project delivery systems outside the U.S. and analysis of the form contracts most often used in international projects.
- The differing financial considerations for construction projects involving foreign governments and the private sector, ranging from competitive bidding, payment provisions, and the potential for Foreign Corrupt Practices Act violations.
- Shifting risk with the use of political risk insurance and other methods such as letters of credit, surety bonds, retainage provisions, merchanics liens, and subcontractor default insurance.
- Options for dispute resolution, including tips for mediating these disputes and educating non-U.S. parties unfamiliar with the mediation process.
- Considerations involved in drafting the agreement to arbitrate and how to conduct an arbitration.
- How principles of local law and globally recognized principles of construction law can be applied to commonly encountered legal issues such as force majeure/hardship, change in law, price escalation, limitations of liability and consequential damages.
- A roadmap to the most important ethical considerations facing legal practitioners in multi-jurisdictional construction practice.