FIDIC Contracts in Europe
Page 603
Index
- Aarhus Convention ,
- Abnahme –, ,
- Abrahamson Principles , ,
- abus de droit , ,
- accidentalia negotii ,
- addendum and amendment of contract
- aequitas ,
- alternative dispute resolution see dispute resolution
- amiable compositeur (natural justice) ,
- Amtsgerichte ,
- anti-corruption laws –
- applicable law
- governing law of the contract –
- impact of laws –
- intersection of local laws with governing law of the contract
- laws applicable to arbitration of dispute –
- laws applicable to execution of construction project
- laws with extra-territorial reach
- mandatory law
- non-mandatory law
- Particular Conditions see Particular Conditions
- Yellow Book 2017 provisions on – see also governing law of the contract
- applicable legislation
- arbitration
- appeal to court may mean loss of right to arbitration
- applicable law , ,
- Belgium
- Czech Republic
- DAAB/DAB decisions –
- England
- France –
- Germany
- governing law
- Greece –
- Ireland , –
- Italy –
- Netherlands ,
- Portugal
- Scotland
- Sweden , –
- Switzerland –
- enforcement of foreign judgments see also UNCITRAL Model Law on International Commercial Arbitration 1985
- Areios Pagos –,
- assignation , , ,
- Association Internationale des Tunnels et de L’Espace Souterrain see ITA-AITES
- Austria
- applicable laws –
- challenges
- common law
- constitutional structure
- constraints on the governing law of a construction contract
- construction contracts, constraints of the governing law of
- construction contracts, entry into
- construction contracts, formal requirements
- construction contracts, impact of COVID-19 –
-
construction contracts, operation of ,Page 604
- construction contracts, termination of ,
- construction industry –
- construction projects, impact of COVID-19
- contract –
- contract, governing law of –
- contract, impact of COVID-19 –
- court system
- COVID-19, impact of –
- Defects Notification Period
- dispute determination ,
- dispute resolution –, ,
- factory fabricated components, modular construction using
- FIDIC General Conditions –
- formal requirements for a construction contract
- General Conditions –
- governing law of the contract –
- government/private sector procurement
- insurance requirements
- interest on late payment
- labour relations
- late payment, interest on
- law of the Site/Country
- laws on dispute determination
- legal environment, outline of –
- legal system
- licensing/registration
- modular construction using factory fabricated components
- Particular Conditions –
- safety culture
- Site/Country, law of , –
- Special Provisions –
- structure
- technology/innovation/BIM –
- terms and conditions –
- unique features
- bankruptcy
- banks
- Baugrundrisiko ,
- Baustellenverordnung ,
- behaviour see conduct
- Belgium
- applicable law –
- architect
- bankruptcy
- Brexit
- Civil Code reform
- claims, subcontractor direct
- constitutional structure
- constraints on governing law of the contract
- construction industry –
- construction projects, impact of COVID-19
- contract, constraints on
- contract
- contract, entry into
- contract, formal requirements for
- contract, governing law of –, –
- contract, impact of COVID-19
- contract, operation of ,
- contract, termination of ,
- court or arbitrator may construe differently
- court system
- COVID-19, impact of –
- custom, local
- damages, liquidated
- debts, tax and social security
- decennial liability ,
- dispute determination ,
- dispute resolution –, ,
- FIDIC General Conditions –
- fitness for purpose obligations ,
- formal requirements for a construction contract
- General Conditions –
- good faith ,
- governing law of the contract –, –
- government/private sector procurement
- Health and Safety Coordinator
- insolvency
- insurance ,
- joint and several liability
- labour laws
- labour relations
- law, labour
- law, local
- law on dispute determination
- law of the Site/Country
- legal environment, outline of –
- legal system
- liability , ,
- licensing/registration
- liquidation ,
- Particular Conditions –
- safety culture
- Site/Country, law of , –
- social security debts
-
Special Provisions –Page 605
- structure, constitutional
- structure, construction industry
- subcontractor direct claims
- tax debts
- best practice, promotion of –
- bids see tenders
- BIM see building information modelling system
- Blue-Green Book , ,
- breach of contract
- BREEAM , –,
- Brexit , –, –
- building controls
- building information modelling system (BIM)
- Bundesgerichtshof , ,
- Bundesländer , ,
- Byretten ,
- Cahier des clauses administratives générales ,
- causa
- choice of law
- CISG , , ,
- civil law
- clause pénale
- commercial contracts and construction contracts distinguished
- common law
- completion of contract
- conduct
- consequential loss or damage see indirect or consequential loss or damage
- Conseil Constitutionnel ,
- Conseil d’État –,
- Conseils de Prud’hommes , ,
- constitutional structures
- construction contracts
- choice of law (proper law) –
- civil law –
- common law –
-
contract lawPage 606
- definition
- distinction from other commercial contracts
- entry see entry into contract
- freedom of contract –
- frustration see frustrated contracts
- international construction contracts
- legal systems
- operation see operation of contract
- overview –
- pacta sunt servanda
- termination see termination of contracts
- uniqueness , –
- Variations see Variations see also FIDIC contracts
- construction hors-site ,
- construction industry overviews
- construction industry regulatory frameworks ,
- contract agreements , ,
- Contract Data see Particular Conditions
- contract forms in common use
- contract interpretation under local law and custom
- contract law
- contract liquidation
- Contractors
- Contractor’s Equipment, sale of Portugal
- contrat de coordination
- contrat d’entreprise ,
- contrats de construction de maison individuelle ,
- contrats de promotion immobilière ,
- conventions collectives ,
- Corpus Juris Civilis ,
- corruption see anti-corruption laws
- costs, adjustments
- Cour de Cassation , –, ,
- Cours administratives d’appel ,
- Cours d’appel ,
- court proceedings , , , , , ,
- court systems
- Austria
- Belgium
- Czech Republic
- Denmark
- England
-
FrancePage 607
- Germany
- Greece
- Ireland
- Italy
- Netherlands
- Norway
- Portugal
- Scotland
- Sweden
- Switzerland
- COVID-19
- Austria –
- Belgium –
- claims arising under FIDIC contracts –
- Czech Republic
- Denmark –
- dispute resolution
- economic measures
- England –
- execution of construction projects
- France –
- Germany –
- government responses –
- Greece –
- impact on construction –
- Ireland –
- Italy –
- Netherlands
- Norway –
- operation of contract –
- Portugal –
- Scotland –
- Sweden –
- Switzerland –
- culpa in contrahendo ,
- curial law (lex arbitrii) , –, ,
- current challenges for construction industry
- customary law ,
- Czech Republic
- applicable laws –
- building permit
- cancellation
- challenges
- claim limitation period
- compatibility of FIDIC General Conditions
- constitutional structure
- construction industry –
- construction projects, impact of COVID-19
- contract –
- contract, changes to
- contract, constraints on
- contract, entry into ,
- contract, formal requirements
- contract, governing law
- contract, impact of COVID-19
- contract, law of –
- contract, operation of ,
- contract, termination of ,
- court or arbitrator may construe differently
- court system
- COVID-19, impact of
- custom, local
- damages
- Dispute Adjudication Board
- dispute determination ,
- dispute resolution ,
- factory fabricated components, modular construction
- FIDIC contracts , –
- financing charges
- formal requirements for a construction contract
- frustration
- General Conditions –
- governing law –
- government/private sector procurement
- guarantees under forms of security
- health and safety
- insurance requirements
- labour relations
- law, local
- law of the contract –
- law of the Site/Country
- legal environment, outline of –
- legal system
- licensing/registration
- liquidated (delay) damages sub-clause
- local law or custom
- modular construction using factory fabricated components
- Particular Conditions –
- safety culture
- security, guarantees under forms of
- Site/Country, law of , –
-
Special Provisions –Page 608
- structure, constitutional
- structure, construction industry
- Taking-Over the Works
- technology/innovation/BMI
- unique features
- waste management
- DAAB see Dispute Avoidance and Adjudication Board
- DAB see Dispute Adjudication Board
- damage, indirect or consequential , , , ,
- damages
- Data, Contract see Particular Conditions
- decennale postuma ,
- deceptive conduct see conduct
- deed , , , –
- defects
- delayed payments, financing charges in
- delays, damages/penalties for
- Denmark
- applicable laws –
- claims for interest
- clauses, cover-all
- clauses, cut-off
- common forms of contract
- constitutional structure
- constraints on the governing law of a construction contract
- construction industry –
- construction law
- construction projects, impact of COVID-19
- contract, common forms of
- contract, constraints on
- contract, entry into
- contract, formal requirements
- contract, governing law –
- contract, impact of COVID-19
- contract, lump-sum
- contract, operation of
- contract, termination of ,
- court system
- cover-all clauses
- COVID-19, impact of –
- cut-off clauses
- Danish Interest Act
- Defect Notification Period
- development damage
- dispute determination ,
- dispute resolution
- Employer, termination by
- factory fabricated components, modular construction
- FIDIC General Conditions –
- fitness for purpose
- formal requirements for a construction contract
- formality, clauses of
- General Conditions –
- governing law of the contract –
- insurance requirements
- interest
- labour relations
- law, construction
- law on dispute determination
- law of the Site/Country
- legal environment, outline of –
- legal system
- liability, limitations of
- licensing/registration
- limitations of liability
- lump sum contracts
- modular construction using factory fabricated components
- Particular Conditions –
- safety culture
-
Site/Country, law of , –Page 609
- Special Provisions –
- statute of limitations
- structure, constitutional
- structure, construction industry
- termination by the Employer
- waivers
- design
- development aid see Japan International Cooperation Agency
- devoir de loyauté ,
- Dispute Adjudication Board (DAB)
- Dispute Avoidance and Adjudication Board (DAAB)
- Dispute Boards
- dispute resolution
- alternative –
- applicable law
- Austria , ,
- Belgium
- Covid-19-related claims
- Czech Republic ,
- Denmark
- England –,
- France
- Germany , ,
- Greece
- Ireland , ,
- Italy
- JICA Dispute Boards , ,
- multi-tiered clauses
- Netherlands , ,
- Norway , , ,
- Portugal , ,
- Scotland , ,
- Sweden , ,
- Switzerland , , , see also arbitration; enforcement of foreign judgments
- doctrine of separability –,
- dommages ouvrage ,
- effectiveness and effective date of contract Portugal
- Elegktiko Synedrio ,
- Emerald Book
- Employers
- cessation of liability ,
- cooperation of
- FIDIC Conditions of Contract ,
- Particular Conditions as to preferences
- payment of Subcontractors by
- pledge in favour of the Contractor upon movable property of
- sale of Contractor’s Equipment, surplus material, wreckage and Temporary Works
- securities for the Contractor
- Special Provisions necessary or desirable for preferences of
- taking over of the Works
- termination by , ,
- Engineers
- England and Wales
- adjudication –
- adjudication, ad hoc
- adjudication, contractual
- adjudication, statutory
- adjudicator’s decision
- applicable laws –
- appointment of a consultant
- arbitration
- bespoke contract
- BIM
- BIM, take-up of
- BIM, use in contracts –
-
bondsPage 610
- BREEAM
- challenges
- claim, submission in court
- collateral warranties
- common law
- constitutional structure
- constraints on the governing law of a construction contract
- construction contracts, impact of COVID-19
- Construction (Design and Management) (CDM)
- construction industry –
- construction projects, impact of COVID-19 –
- construction sites, COVID-19 on
- consultant, appointment of
- contract, bespoke
- contract, BIM use in –
- contract, common forms of –
- contract, constraints on
- contract, construction ,
- contract, entry into
- contract, formal requirements
- contract, governing law –, ,
- contract, operation of , ,
- contract, standard form ,
- contract, termination , ,
- contracting/tendering, approaches to
- contractual adjudication
- costs
- court system –,
- COVID-19, impact of –
- decision, enforcing
- disclosure
- dispute determination , –
- dispute resolution –, , ,
- enforcing adjudicator’s decision
- evidence –
- FIDIC General Conditions –
- force majeure
- formal requirements for a construction contract
- General Conditions –
- governing law of the contract –, ,
- government/private sector procurement –
- Health and Safety Executive (HSE)
- health and safety Laws and Regulations –
- Health and Safety at Work etc Act 1974
- innovation
- insurance
- JCT
- jurisdiction
- labour laws
- labour relations –
- law, health and safety –
- law, labour
- law on dispute determination
- law of the Site/Country ,
- legal environment, outline of –
- legal system
- legislation
- licensing/registration –
- modular construction
- NEC
- OHS
- parent company guarantee (PCG)
- Particular Conditions –
- pre-action protocols
- procurement –
- public sector procurement
- public versus private
- repudiation versus termination
- safety culture –
- Scheme
- Site/Country, law of ,
- Special Provisions –
- standard form contract ,
- statutory adjudication
- structure, constitutional
- structure, construction industry –
- submission of a claim in court
- take-up of BIM
- technology –
- tendering, approaches to
- tendering, EU Regulations on –
- unique features –
- entgangener Gewinn ,
- entry into contract
- EPC contract
- EPCM contract
- equipment
-
sale ofPage 611
- testing apparatus, equipment and instruments, calibration of
-
- essentialia negotii , , , ,
- ex aequo et bono , ,
- exceptional events (Force Majeure)
- expertise-arbitrage ,
- extension of time (EOT) clauses
- extra-territoriality, applicable law and
- fair and balanced contracts
- faute inexcusable , ,
- FIDIC contracts
- aims of book –
- contract agreement
- contract documents ,
- General Conditions
- JICA usage see Japan International Cooperation Agency
- MDB use of
- order of precedence of documents
- overview –
- Particular Conditions see Particular Conditions
- rainbow suite
- Special Provisions
- subcontracts
- underground Works see Emerald Book
- FIDIC General Conditions
- FIDIC Golden Principles see Golden Principles
- financial support under COVID-19
- financing charges in delayed payments
- Folgeschäden ,
- force majeure see also exceptional events
- foreign Contractors
- foreign judgments see enforcement of foreign judgments
- France
- appeal
- applicable laws –
- before the action is initiated
- case management
- cassation
- challenges
- constitutional structure
- construction industry –
- construction projects, impact of COVID-19
- contract, common forms
- contract, constraints on
- contract, entry into ,
- contract, formal requirements
- contract, governing law –, –
- contract, impact of COVID-19
- contract, operation of –,
- contract, rules of interpretation
- contract, termination of , , , ,
- costs, legal
- court or arbitrator may construe differently –
- court system
- COVID-19, impact of –
- custom, local –
- Defect Notification Period
- defective work, construction liabilities for
- Delay Damages
- dispute determination , –
- dispute resolution , –, , ,
-
Employer, Payment of Subcontractors byPage 612
- Employer, termination of contract by
- environmental damages, liabilities as to
- evidence
- factory fabricated components, modular construction
- FIDIC General Conditions –
- formal requirement for a construction contract
- General Conditions –
- good faith
- governing law of the contract –, –
- government/private sector procurement
- health and safety
- insurance , –
- interim relief
- interpretation of contract
- labour relations
- law, local –
- law on dispute determination
- law of the Site/Country
- legal costs
- legal environment –
- legal system
- liabilities/insurance –
- licensing/registration
- local law –
- modular construction using factory fabricated components
- nuisance, liability for
- Particular Conditions –
- Payment of Subcontractors by the Employer
- Performance Certificate
- référé
- rules of interpretation of contracts
- safety culture
- Site/Country, law of , –
- Special Provisions –
- structure, constitutional
- structure, construction industry
- subcontracting
- Subcontractors, Payment by Employer
- Taking-Over Certificate
- technology/innovation/BIM
- trial
- unique features
- freedom of contract –
- frustrated contracts
- Garantie de Bon Fonctionnement ,
- Garantie décennale
- Garantie de Parfait Achèvement –, ,
- GBRs see Geotechnical Baseline Reports
- GDRs see Geotechnical Data Reports
- General Conditions see FIDIC General Conditions
- Geotechnical Baseline Reports (GBRs)
- Geotechnical Data Reports (GDRs) ,
- Germany
- AGB Recht
- allocation of risks
- applicable laws –
- Application for Interim Payment
- arbitration, seat of
- architects, fees for services by
- AÜG
- BauFordSiG
- BIM
- business terms law, standard
- Cessation of Employer’s Liability
- challenges
- Civil Code, German , ,
- claims, disruption
- Claims for Payment and/or EOT
- conflicts of law
- constitutional structure
- constraints on the governing law of a construction contract –
- construction industry –
- construction projects, impact of COVID-19
- contract, collapse of the basis of
- contract, common forms of
- contract, constraints on –
- contract, differences
- contract, entry into
- contract, formal requirements for
- contract, governing law of –, –
- contract, mandatory labour law reconstruction –
- contract, operation of ,
- contract, periods of
- contract, termination of , ,
- contract law
- Contractor, Employer’s securities for
- Contractor’s General Obligations
- court or arbitrator may construe differently –
- court system
- COVID-19, impact of –
- custom, local –
- defects liability period
- Delay Damages
- dispute determination , –
- dispute resolution , ,
-
disruption claimsPage 613
- Employer’s securities for the Contractor
- engineers, fees for services by
- EStG
- factory fabricated components, modular construction
- Failure to Remedy Defects
- fees for services by architects and engineers
- FIDIC General Conditions –
- FIDIC sub-clause 1.15
- FIDIC sub-clause 4.1
- FIDIC sub-clause 4.2
- FIDIC sub-clause 4.7
- FIDIC sub-clause 4.10
- FIDIC sub-clause 4.11
- FIDIC sub-clause 4.12
- FIDIC sub-clause 5.1
- FIDIC sub-clause 8.8
- FIDIC sub-clause 11.4
- FIDIC sub-clause 14.3
- FIDIC sub-clause 14.4
- FIDIC sub-clause 20.2
- FIDIC sub-clause 21.4
- formal requirements for a construction contract
- forms of contract
- General Conditions –
- General Design Obligations
- German Civil Code , ,
- governing law of the contract –, –
- government/private sector procurement
- HOAI
- Income Tax Act (EStG)
- innovation
- insurance requirements, construction industry
- international law
- labour , –
- law, conflicts of
- law, contract
- law, international
- law, local –
- law, procurement
- law, standard business terms
- Law on the Protection of Construction Claims (BauFordSiG)
- law of the seat of the arbitration
- law of the Site/Country
- leasing, labour
- legal environment, outline of –
- legal system –
- liability ,
- licensing/registration
- limitation of liability
- local law –
- locatio conductio operis
- mandatory labour law reconstruction contracts –
- modular construction using factory fabricated components
- Obtaining DAAB’s Decision
- Particular Conditions –
- Performance Security
- periods of the contract for works
- private international law/conflicts of law
- private sector procurement
- procurement ,
- reconstruction contracts –
- risks, allocation of
- safety culture
- securities ,
- Setting Out
- Site/Country, law of , –
- Special Provisions –
- standard business terms law
- structure, constitutional
- structure, construction industry
- Sufficiency of the Accepted Contract Amount/Contract Price
- technology/innovation/BIM
- Unforeseeable Physical Conditions
- unique features of the construction industry
- Use of Site Data
- Variations and Adjustments
- Werkvertrag
- Gold Book , ,
- Golden Principles (GPs)
- good faith –
- governing law of the contract
- Austria –
- Belgium –, –
- Czech Republic –, –
- Denmark –
- England –, ,
- France –, –
- Germany –, –
- Greece –, –
-
Ireland –, –Page 614
- Italy –,
- Netherlands –
- Norway –,
- Portugal –,
- Scotland –, –
- Sweden –, –
- Switzerland –, –
- government procurement see procurement
- Greece
- applicable laws –
- BIM
- Cessation of Employer’s liability
- Claims
- Clearance of Site
- constitutional structure
- constraints on the governing law of a construction contract
- construction industry –
- construction projects, impact of COVID-19 –
- contract
- contract, constraints on
- contract, entry into
- contract, formal requirements for
- contract, governing law of –, –
- contract, interpretation of
- contract, operation of –, ,
- contract, termination of
- contractor , –
- contractual provisions
- cooperation of employer
- court or arbitrator may construe differently
- court system
- COVID-19, impact of –
- custom, local
- Delay Damages
- dispute determination –, –
- dispute resolution
- Employer , –
- Engineer’s role
- FIDIC General Conditions –
- Final Payment
- formal requirements for a construction contract
- General Conditions –
- governing law of the contract –, –
- ground conditions
- innovation
- insurance requirements
- interpretation of the contract
- labour ,
- law, local
- law of the Site/Country –, –
- legal environment –
- legal system
- legislative Acts, pandemic-specific
- liability ,
- limitation of liability
- local law
- Ownership of Plant and Materials
- Particular Conditions –
- payment
- Public Works Contracts’ regime
- safety culture
- Site/Country, law of –, –
- Special Provisions –
- statutory provisions
- structure, constitutional
- subcontractors
- Taking-Over Certificate and Performance Certificate
- technology/innovation/BIM
- Termination for Employer’s convenience
- unforeseeable difficulties
- use of Site data
- Variations
- Green Book , , , ,
- gross negligence
- ground risks, allocation of , ,
- Grundgesetz ,
- guarantees see performance bank guarantees
- Hague Convention on Choice of Court Agreements
- Hague Principles –,
- hardship
- Head Contract ,
- health and safety
- Belgium
- Czech Republic
- England –
- France
-
IrelandPage 615
- Portugal
- Scotland
- Switzerland
- Højesteret ,
- ICSID Convention , ,
- implied terms
- income tax , , ,
- indirect or consequential loss or damage , ,
- innovation
- in rem claim ,
- insolvency
- insurance
- intellectual property , ,
- international construction contracts
- international conventions and agreements, country accessions to –
- interpretation see contract interpretation under local law and custom
- ipso facto
- Ireland
- 2013 Act ,
- adjudication
- applicable laws –
- Arbitration Act 2010
- bankruptcy
- BIM
- building control
- Building Control (Amendment) Regulations
- challenges
- close contacts
- constitutional structure
- constraints on the governing law of a construction contract –
- construction industry –
- construction projects, impact of COVID-19 –
- consumers
- contract, common forms of
- contract, constraints on –
- contract, construction of
- contract, formal requirements for
- contract, governing law of –, –
- contract, interpretation of
- contract, operation of –,
- court or arbitrator may construe differently –
- court system ,
- COVID-19, impact of –
- custom, local –
- decennial liability
- design risk
- dispute determination , –
- dispute resolution , ,
- environment
- face coverings
- factory fabricated components, modular construction
- FIDIC General Conditions –
- force majeure
- formal requirements for a construction contract
- frustration
- General Conditions –
- governing law of the contract –, –
- government/private sector procurement
- ground condition risk
- guarantees under forms of security
- hardship
- health and safety
- indemnity
- innovation
- insolvency
-
insurance requirementsPage 616
- interpretation of contract
- IP license and indemnity
- labour relations
- law, connection between Irish and English
- law, local –
- law of the Site/Country , –
- legal environment
- legal system
- liability
- licensing/registration
- Limitation Act
- limitation periods ,
- liquidation
- local law or custom –
- modular construction using factory fabricated components
- Particular Conditions –
- payment disputes
- penalty clauses
- physical distancing
- planning and environment
- private sector procurement
- procurement
- Project Supervisors
- public procurement
- safety culture
- security
- setting out
- Site/Country, law of , –
- Special Provisions –
- Statute of Limitation 1957 (Limitation Act)
- structure, constitutional
- structure, construction industry
- tax, withholding
- technology/innovation/BIM
- unique features of the construction industry
- withholding tax
- Italy
- applicable laws –
- BIM
- challenges
- common forms of contract
- constitutional structure
- constraints on the governing law of a construction contract
- construction industry –
- construction projects, impact of COVID-19
- contract, common forms of
- contract, constraints on
- contract, entry into
- contract, formal requirements
- contract, governing law of –, ,
- contract, impact of COVID-19 on
- contract, operation of
- contract, termination of ,
- court or arbitrator may construe differently –
- court system
- COVID-19, impact of –
- custom, local –
- deemed acceptance of Variations
- dispute determination ,
- dispute resolution ,
- factory fabricated components, modular construction
- FIDIC General Conditions –
- formal requirements for a construction contract
- General Conditions –
- governing law of the contract –, ,
- government/private sector procurement
- hardship
- innovation
- insurance requirements
- labour relations
- law, local –
- law of the Site/Country , –
- legal environment –
- legal system
- licensing/registration
- local law or custom –
- modular construction using factory fabricated components
- Particular Conditions –
- private sector procurement
- procurement
- reorganisation, termination for
- safety culture
- Site/Country, law of , –
- Special Provisions –
- structure, constitutional
- structure, construction industry
- technology/innovation/BIM
- termination for reorganisation
- unique features of the construction industry
- Variations, deemed acceptance of
- Japan International Cooperation Agency (JICA)
- JICA see Japan International Cooperation Agency
-
joint and several liability , , ,Page 617
- Juridictions de l’ordre administratif
- Juridictions de l’ordre judiciaire ,
- jus cogens , –, ,
- labour laws
- Landgerichte ,
- Landsretten ,
- law of the forum , –, ,
- legal systems see civil law see common law
- legislation see applicable legislation
- lex arbitrii (curial law) , –, ,
- lex causae –,
- lex constructionis –
- lex fori , , ,
- lex loci rei sitae ,
- lex specialis ,
- liability , ,
- licensing of Contractors
- Licensing of professionals
- limitation of liability
- limitation periods
- liquidated damages
- liquidation
- local labour see labour laws
- local law and custom
- locatio conductio operis , –,
- locatio operarum ,
- locus regit actum ,
- lois ,
- Lois de police ,
- loss, indirect or consequential , , , ,
- lump sum contracts
- mandatory law , , –, , –, ,
- Materials
- MDBs see multilateral development banks
- middelenverbintenis ,
- misrepresentation
-
Model Law , , , , , –, , , , ,Page 618
- mora creditoris ,
- mora debitoris ,
- moral rights
- multilateral development banks (MDBs), FIDIC contracts usage
- natural justice (amiable compositeur) , , ,
- negligence see gross negligence
- Netherlands, the
- applicable laws –
- arbitration
- BIM
- constitutional structure
- constraints on the governing law of a construction contract
- construction industry, outline of –
- construction participants, roles and obligations of
- construction projects, impact of COVID-19 on
- contract
- contract, constraints on
- contract, entry into
- contract, formal requirements for
- contract, governing law of –
- contract, impact of COVID-19 on
- contract, operation of
- contract, termination of ,
- court or arbitrator may construe differently
- court system
- COVID-19, impact of
- defective work, liability for
- dispute determination ,
- dispute resolution , ,
- factory fabricated components, modular construction
- FIDIC General Conditions –
- formal requirements for a construction contract
- General Conditions –
- governing law of the contract –
- government/private sector procurement
- innovation
- insurance requirements
- labour relations
- language
- law of the Site/Country –
- legal environment –
- legal system
- liability for defective work
- licensing and registration
- limitation periods
- modular construction using factory fabricated components
- Particular Conditions –
- private sector procurement
- procurement
- safety culture
- Site/Country, law of –
- Special Provisions –
- structure, constitutional
- structure, construction industry
- technology/innovation/BIM
- New York Convention –,
- non-mandatory law , , , , , ,
- Norway
- agreed documents
- applicable laws –, –
- challenges with the use of FIDIC contracts
- constitutional structure
- constraints on the governing law of a construction contract
- construction industry
- construction projects, impact of COVID-19
- contract, constraints on
- contract, difference between standard and FIDIC –
- contract, entry into
- contract, formal requirements
- contract, governing law of –,
- contract, impact of COVID-19 on
- contract, legal framework for
- contract, operation of
- contract, standard
- contract, statutory laws relevant to –
- contract, termination of ,
- contract, use in Norway –
- contract law, use of general principles
- court system
- COVID-19, impact of –
- damages
-
dispute determination ,Page 619
- dispute resolution , , ,
- FIDIC contracts, use in Norway –
- FIDIC General Conditions –
- formal requirements for a construction contract
- format
- General Conditions –
- governing law of the contract –,
- language
- law, general principles
- law, parties free to apply FIDIC contracts under
- law, statutory –
- law of the Site/Country , –
- legal framework for construction contracts
- legal system –
- liquidated damages and penalties
- methodology
- Particular Conditions –
- parties are free to apply FIDIC contracts
- penalties
- Site/Country, law of , –
- size
- Special Provisions –
- standard contracts –
- statutory laws –
- structure, constitutional
- notices of claim , , ,
- Oberlandesgerichte ,
- Obliegenheit ,
- obligations de moyens ,
- obligations de resultat ,
- öffentliches Recht ,
- operation of contract
- Orange Book 1995 , , ,
- ordentliche Gerichtsbarkeit
- ordre public , –, ,
- pacta sunt servanda
- Particular Conditions
- Particular Conditions, desirable Special Provisions in
- Particular Conditions, necessary Special Provisions in
- payments
- claims for ,
- disputes
- final
- HGCRA, under
- interest on late payment
-
interimPage 620
- security of see security of payment
- Subcontractors, of
- performance bank guarantees ,
- performance security –
- Plant
- Portugal
- allocation of ground risk
- applicable laws –
- Audit Court
- bankruptcy
- challenges
- claims
- common forms of contract
- constitutional structure
- constraints on the governing law of a construction contract
- construction industry –
- construction projects, impact of COVID-19 on
- contract, common forms of
- contract, constraints on
- contract, entry into
- contract, formal requirements for
- contract, governing law of –,
- contract, operation of ,
- contract, private construction
- contract, public –
- contract, termination of ,
- contractors ,
- contractors, foreign
- Contractor’s Claims
- court or arbitrator may construe differently
- court system
- COVID-19, impact of –
- custom, local
- Defects Notification Period
- dispute determination
- dispute resolution , ,
- documents, priority of
- Employers
- environment
- equipment, sale of
- FIDIC General Conditions –
- foreign contractors
- formal requirements for a construction contract
- General Conditions –
- governing law of the contract –,
- ground risk, allocation of
- health and safety
- insolvency
- insurance requirements
- labour
- law, local
- law of the Site/Country –
- legal environment –
- legal system
- licensing requirements –
- liquidation
- local law or custom
- Particular Conditions –
- priority of documents
- private construction contracts
- procurement –
- professional qualifications
- public contracts –
- public sector procurement –
- sale of equipment
- Site/Country, law of –
- Special Provisions –
- structure, constitutional
- subcontractors
- surplus material
- Temporary Works
- terms and conditions of public construction contracts
- wreckage
- PPP see Public Private Partnership
- price see costs
- PRIME ,
- Privatrecht , –, –,
- procedural fairness
- procurement, private
- procurement, public
- Produktionsausfal
- professionals see licensing of professionals
- project requirements, Particular Conditions
-
proper law see choice of lawPage 621
- proper law of the contract
- Public Private Partnership (PPP) ,
- public procurement see procurement, public
- rainbow suite –
- rebus sic stantibus ,
- reception –, , , , ,
- réception des travaux ,
- rechtsmisbruik , ,
- reckless misconduct , , , ,
- Red Book 1977 , ,
- Red Book 1987 , , , ,
- Red Book 1999 –, –, , , –, ,
- Red Book 2017 , –, , , , –, ,
- référé ,
- référé préventif ,
- Relationstechnik ,
- Responsabilité Civile Décennale ,
- resultaatsverbintenis ,
- Retention Money , , ,
- risk
- Rome I , –,
- Rome II , , , ,
- safety see health and safety
- Schiedsgutachten , –, ,
- scope of work, variation of see Variations
- Scotland
- adjacent property, work affecting
- adjudication
- anti-corruption measures
- applicable laws –
- arbitration , ,
- assignation of debts
- bankruptcy
- businesses, support for
- challenges
- close contacts
- collaborative behaviour
- common forms of contract
- competition
- concurrent delay
- constitutional structure
- constraints on the governing law of a construction contract –
- construction industry –
- construction projects, impact of COVID-19 on –
- construction sites, operation of –
- contract, collaborative behaviour in
- contract, common forms
- contract, constraints on –
- contract, construction of
- contract, formal requirements for
- contract, governing law of –, –
- contract, operation of , ,
- contract, standard form
- contract, termination of
- contract law, background to
- copyright
- court or arbitrator may construe differently –
- court system
- COVID-19, impact of –
- custom, local –
- damages
- debts, assignation of
- defective work
- delay
- design rights
- dispute determination , –
-
dispute resolution , ,Page 622
- duty to warn
- entitlement to additional time and money
- face coverings
- factory fabricated components, modular construction
- FIDIC General Conditions –
- force majeure
- formal requirements for a construction contract
- frustration
- General Conditions –
- governing law of the contract –, –
- guarantees under forms of security
- hardship
- health and safety
- Housing Grants Construction and Regeneration Act 1996 (HGCRA) –
- implied terms
- innovation
- insolvency
- insurance ,
- interest
- labour relations
- law, local –
- law of the Site/Country –, –
- legal environment –
- legal system
- liability , , ,
- licensing/registration
- liens, use of
- limitation
- limitation of liability
- limitation periods
- liquidation
- local law or custom –
- modular construction using factory fabricated components
- money, additional
- moral rights
- nuisance, liability for
- offsite materials
- operation of construction sites –
- pandemic, immediate response to
- Particular Conditions –
- payment
- physical distancing
- prescription
- private sector procurement
- procurement –
- public procurement
- rights, design
- rights, moral
- rights, statutory
- safety culture
- security
- self-isolation
- Site/Country, law of , –
- Special Provisions –
- standard form contracts
- statutory rights
- structure, constitutional
- structure, construction industry
- supply chain
- technology
- terms, implied
- time, additional
- travel
- use of liens
- warn, duty to
- work affecting adjacent property
- workers, support for
- security of payment ,
- separability see doctrine of separability
- Silver Book 1999 , –, , , –, –,
- Silver Book 2017 , , , , , –, –,
- Simvoulio tis Epikratias , ,
- Special Provisions see Particular Conditions
- stamp duty
- stare decisis ,
- statute of limitations see limitation periods
- Subcontractors
- surplus Materials, sale of
-
SwedenPage 623
- applicable laws –
- arbitration
- assignment
- BIM
- binding decisions
- building s
- cessation of liability
- challenges
- common forms of contract
- constitutional structure
- constraints on the governing law of the contract
- construction industry –
- construction projects, impact of COVID-19 on
- contract, common forms of
- contract, constraints on
- contract, entry into
- contract, formal requirements for
- contract, governing law of –, –
- contract, interpretation of
- contract, operation of , ,
- contract, termination of
- Contracts Act
- contractual liability
- court or arbitrator may construe differently –
- court system
- COVID-19, impact of –
- custom, local –
- damage, environmental
- damages, liquidated
- decisions, final and binding
- defective work
- dispute determination –,
- dispute resolution , ,
- electric personnel ledger
- engineers
- environment, work
- environmental damage
- factory fabricated components, modular construction
- FIDIC General Conditions –
- final and binding decisions
- force majeure
- formal requirements for a construction contract
- General Conditions –
- good faith
- governing law of the contract –, –
- government/private sector procurement
- innovation
- insurance requirements
- interpretation of contract
- labour relations
- law, local –
- law of the Site/Country –, –
- legal environment
- legal system
- liability , , ,
- licensing/registration
- limitation of liability
- liquidated damages
- local law or custom –
- misrepresentation
- modular construction using factory fabricated components
- Particular Conditions –
- planning and building
- private sector procurement
- procurement
- right to arbitration can be lost
- safety culture
- Site/Country, law of –, –
- Special Provisions –
- structure, constitutional
- structure, construction industry
- technology/innovation/BIM
- termination ,
- unique features of the construction industry
- work environment
- Switzerland
- adjacent property, work affecting
- administration of professionals
- applicable laws –
- BIM
- building and construction permits
- challenges
- common forms of contract
- constitutional structure
- constraints on the governing law of a construction contract
- construction industry –
- construction permits
- construction projects, impact of COVID-19 on
- construction work, execution and standard of
- contract, common forms of
- contract, constraints on
- contract, entry into
- contract, formal requirements
- contract, governing law of –, , –
- contract, interpretation of
- contract, operation of , –
-
contract, termination of ,Page 624
- contractors
- copyright
- court or arbitrator may construe –
- court system
- COVID-19, impact of –
- custom, local –
- damages
- defects, rectification of
- Delay Damages
- design/moral rights/copyright
- dispute determination ,
- dispute resolution , , ,
- duty of loyalty
- Employer
- Enforcement of Notice requirements
- Engineer, role of
- environment
- execution of construction work
- Extension of Time
- factory fabricated components, modular construction
- FIDIC General Conditions
- formal requirements for a construction contract
- General Conditions
- governing law of the contract –, , –
- government/private sector procurement
- health and safety
- heritage/landscape
- innovation
- insurance requirements
- interpretation of contract
- labour ,
- landscape
- law, local –
- law of the Site/Country , –
- legal environment –
- legal system
- liability ,
- licensing/registration ,
- liens, use of
- limitation of liability
- local law or custom –
- loyalty, duty of
- modular construction using factory fabricated components
- moral rights
- nuisance
- Particular Conditions –
- permits
- planning
- private sector procurement
- procurement
- professionals, registration and administration
- rectification of defects
- registration and administration of professionals
- registration/licencing of contractors and subcontractors
- rights, moral
- safety culture
- Site/Country, law of , –
- Special Provisions –
- standard of construction work
- standard for determining the duration of an Extension of Time
- structure, constitutional
- structure, construction industry
- subcontractors
- technology/innovation/BIM
- termination , ,
- unique features of the construction industry
- use of liens
- work affecting adjacent property to the Site/liability for nuisance
- Works, Employer’s taking over of
- synallagmatic contract ,
- taxation
- Temporary Works, sale of
- tenders , , , , , , , ,
- underground Works see underground works
- termination
- Austria ,
- Belgium ,
- Czech Republic , ,
- Denmark , ,
- England , ,
- France , , , ,
- Germany , ,
- Greece ,
- ipso facto
- Italy , ,
- Netherlands ,
- Norway ,
-
Portugal ,Page 625
- Scotland
- Sweden , ,
- Switzerland ,
- testing apparatus, equipment and instruments, calibration of , , , , , ,
- third parties
- time
- Tribunal des Conflits ,
- Tribunaux de commerce ,
- udviklingsskader ,
- ultima ratio
- UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law)
- underground works , , ,
- unfair contract terms ,
- UNIDROIT –, , , , , , ,
- Variations
- vente d’immeuble à construire ,
- vente d’immeuble à rénover ,
- Verkehrssitte ,
- vermögensrechtlicher Anspruch ,