FIDIC Contracts in Asia Pacific - A Practical Guide to Application
Page 567
Index
- Abrahamson Principles , –
- access to alienated land –
- addendum and amendment of contract –
- alternative dispute resolution see dispute resolution
- amiable compositeur (natural justice)
- 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
- approval procedures and information
- arbitration
- appeal to court does not mean that right to arbitration is lost
- appeal to court may mean loss of right to arbitration
- applicable law
- Australia ,
- commencement or continuation under Covid-19
- DAAB/DAB decisions –
- Fiji ,
- Hong Kong
- India –, –
- Japan ,
- Korea
- Malaysia
- Nepal , –, –
- optional clauses
- Pakistan
- Papua New Guinea –
- Philippines –
- Sri Lanka
- subject matter arbitrability –
- Vietnam see also enforcement of foreign judgments see also UNCITRAL Model Law on International Commercial Arbitration 1985
- Association Internationale des Tunnels et de L’Espace Souterrain see ITA-AITES
- Australia
- applicable legislation, summary of –
- common law system
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework –
- contract forms in common use
-
contract interpretation under local law and custom –Page 568
- court system –
- Covid-19 and execution of construction projects –
- Covid-19 and government measures –
- Covid-19 and operation of construction contracts –
- Covid-19 employment measures –
- Covid-19 impacts in Victoria –
- Covid-19 travel restrictions
- current challenges for construction industry –
- desirable Special Provisions in the Particular Conditions –
- dispute resolution , ,
- entry into construction contract
- fair and balanced contracts ,
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination
- frustrated contracts
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of –
- health and safety –
- innovation
- insurance
- labour relations –
- misleading or deceptive conduct –
- operation of contract –, –
- proportionate liability , –
- public policy
- public procurement
- Queensland, building contracts –
- risk allocation ,
- seat of dispute determination is within jurisdiction
- security of payment –
- Site/Country is within jurisdiction –
- termination of construction contract ,
- UNCITRAL Model Law ,
- Victoria, Covid-19 impacts –
- bankruptcy
- banks
- behaviour see conduct
- best practice, promotion of –
- bids see tenders
- BIMs see building information modelling systems
- breach of contract
- building controls
- building information modelling systems (BIMs)
- Bumiputra see Malaysia
- China
- applicable legislation, summary of –
- bidding documents and proposals, contract changes to –
- civil law system –
- commencement of full force and effect of contract –
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework, enterprises –
- construction industry regulatory framework, individuals
- construction industry regulatory framework, labour –
- Construction Law (2019 Amendment) –
- construction liens, and invalid contracts –
- construction liens, commencement date –
- construction liens, contracting out
- construction liens, entitlement to –
- construction liens, exercise of
- construction liens, profits covered by
-
construction liens, statutory provisions –Page 569
- construction liens, time to exercise
- contract forms in common use
- contract interpretation under local law and custom –
- court system
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts
- defects notification periods –
- desirable Special Provisions in the Particular Conditions –
- dispute resolution , ,
- entry into construction contract
- exceptional events (Force Majeure) –
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and law of Site/Country –
- FIDIC General Conditions and relevant laws on dispute determination
- governing law of the contract, applicable legislation
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of
- health and safety
- insurance
- labour law –
- One Belt One Road ,
- operation of contract , –
- private sector procurement
- project supervisor (Jian Li) –
- public and private procurement
- public policy –
- Retention Money
- seat of dispute determination is within jurisdiction
- Site/Country is within jurisdiction –
- termination of construction contract ,
- choice of law
- civil law
- claims against the state
- commencement of contract –
- commercial contracts and construction contracts distinguished –
- common law
- completion of contract
- condition precedent for issuance of taking-over certificate for the Works or Sections –
- conduct
- consequential loss or damage see indirect or consequential loss or damage
- constitutional structures
- Australia –
- China –
- Fiji
- Hong Kong –
- India –
- Indonesia –
- Japan
- Korea –
- Malaysia –
- Nepal –
-
Pakistan –Page 570
- Papua New Guinea –
- Philippines –
- Singapore
- Sri Lanka
- Vietnam
- construction contracts
- choice of law (proper law) –
- civil law –
- common law –
- contract law
- 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 industry overviews
- construction industry regulatory frameworks
- construction liens see China
- 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
-
corruption see anti-corruption lawsPage 571
- costs, adjustments
- court proceedings
- court systems
- Covid-19
- Australia –
- China –
- claims arising under FIDIC contracts –
- dispute resolution –
- economic measures
- execution of construction projects –
- Fiji –
- government responses –
- Hong Kong –
- impact on construction
- India –
- Indonesia –
- Japan –
- Korea –
- Malaysia –
- Nepal –
- operation of contract
- Pakistan –
- Papua New Guinea –
- Philippines –
- Singapore , –
- Sri Lanka –
- Vietnam –
- curial law (lex arbitrii) , , ,
- current challenges for construction industry
- custom duties –
- customary law –
- DAAB see Dispute Avoidance and Adjudication Board
- DAB see Dispute Adjudication Board
- damage, indirect or consequential
- damages
- Data, Contract see Particular Conditions
- deceptive conduct see conduct
- defects
- delayed payments, financing charges in –
- delays, damages/penalties for
- design
- development aid see Japan International Cooperation Agency
- development controls –
- direct progress payment claims by Subcontractor to Employer –
-
Dispute Adjudication Board (DAB)Page 572
- dispute avoidance , ,
- Dispute Avoidance and Adjudication Board (DAAB)
- Dispute Boards
- dispute resolution
- applicable law
- Australia , , ,
- China , ,
- Covid-19-related claims –
- Fiji , , ,
- Hong Kong –, , ,
- India –, ,
- Indonesia –, –, , , –
- Japan , –, , , ,
- JICA Dispute Boards, promotion of
- JICA Dispute Boards, use of –
- Korea –, ,
- Malaysia –, , , ,
- multi-tiered clauses
- Nepal , , –, –, –
- Pakistan –, , , , –
- Papua New Guinea , ,
- Philippines –, –, –, ,
- Singapore –, , , ,
- Sri Lanka , , , ,
- underground Works –
- Vietnam –, –, see also arbitration see also enforcement of foreign judgments
- Dispute Resolution Committee (DRC) ,
- doctrine of separability ,
- effectiveness and effective date of contract
- Emerald Book
- comparative studies of
- contribution to risk management
- departures from General Conditions –
- drafting of
- FIDIC involvement –,
- Golden Principles
- history of
- introduction to –
- ITA contractual framework checklist, approval of –
- ITA contractual framework checklist, description of –
- ITA/AITES involvement ,
- launch of
- success of
- use of
- Employers
- enforcement of foreign judgments
- Engineers
- entry into contract
- Australia
- China
- Fiji
-
Hong KongPage 573
- India
- Indonesia –,
- Japan –
- Korea
- Malaysia
- Nepal
- Pakistan
- Papua New Guinea
- Philippines
- Singapore
- Sri Lanka
- Vietnam
- environmental controls
- equipment
- exceptional events (Force Majeure)
- explosives, regulations on use –
- extension of time (EOT) clauses
- extra-territoriality, applicable law and
- fair and balanced contracts
- fairness of transactions
- FIDIC contracts
- aims of book –
- contract agreement
- Contract Data provisions
- contract documents
- General Conditions –, ,
- JICA usage see Japan International Cooperation Agency
- MDB usage –
- order of precedence of documents
- overview –
- Particular Conditions see Particular Conditions
- rainbow suite –
- recognition as FIDIC contract
- Special Provisions
- standard forms and editions –
- subcontracts
- underground Works see Emerald Book
- FIDIC General Conditions
- FIDIC Golden Principles see Golden Principles
- Fiji
- applicable legislation, summary of –
- common law system –
- constitutional structure
- construction industry, overview of –
- contract interpretation under local law and custom –
- court system
- Covid-19 and execution of construction projects
- Covid-19 and operation of construction contracts
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- entry into construction contract
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination
-
governing law of the contract, constraints on –Page 574
- governing law of the contract, formal requirements of
- native land (iTaukei land)
- operation of contract ,
- public policy –, ,
- seat of dispute determination is within jurisdiction
- Site/Country is within jurisdiction
- termination of construction contract ,
- UNCITRAL Model Law ,
- financial support under Covid-19
- financing charges in delayed payments –
- Force Majeure see exceptional events
- foreign Contractors
- foreign exchange controls –
- foreign judgments see enforcement of foreign judgments
- freedom of contract –
- frustrated contracts
- Gam-Li see Korea
- GBRs see Geotechnical Baseline Reports
- GDRs see Geotechnical Data Reports
- General Conditions see FIDIC General Conditions
- Geotechnical Baseline Reports (GBRs) –
- Geotechnical Data Reports (GDRs)
- Golden Principles (GPs)
- good faith
- governing law of the contract
- government procurement see procurement
- gross negligence
- ground risks, allocation of –
- guarantees see performance bank guarantees
- health and safety
- Hong Kong
- applicable legislation, summary of –
- building controls –
- common law system
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework –
- contract interpretation under local law and custom –
- court system
- Covid-19 and execution of construction projects –
-
Covid-19 and operation of construction contracts –Page 575
- current challenges for construction industry –, –
- desirable Special Provisions in the Particular Conditions –
- development controls –
- dispute resolution –, ,
- entry into construction contract
- environmental controls
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination
- frustrated contracts
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of
- gross negligence
- implied terms
- innovation –
- insurance
- labour relations –
- misleading or deceptive conduct
- Modular Integrated Construction (MiC) –
- operation of contract –, –
- Particular Conditions, desirable Special Provisions in –
- proportionate liability –
- public policy
- public procurement –
- seat of dispute determination is within jurisdiction
- security of payment –
- Site/Country is within jurisdiction –
- termination of construction contract
- third party rights
- UNCITRAL Model Law
- implied terms
- import licences
- income tax ,
- indemnities by Contractors –
- India
- applicable legislation, summary of –
- approval procedures and information
- arbitration –, –
- common law system
- constitutional structure –
- construction industry, overview of –,
- construction industry regulatory framework –
- contract interpretation under local law and custom –
- contract law
- court system –
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts –
- curial law
- current challenges for construction industry –
- desirable Special Provisions in the Particular Conditions –
- Dispute Boards –
- dispute resolution –, ,
- enforcement of foreign judgments
- entry into contract
- environmental controls
- exceptional events (Force Majeure)
- extension-of-time clauses –
- FIDIC General Conditions and governing law of the contract
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of
- government initiatives –
- insurance
- labour laws
- limitation periods , –
- necessary Special Provisions in the Particular Conditions
- no objection certificates (NOCs) –
- operation of contract –, –
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in
- performance bank guarantees
- public policy
-
Public Private Partnership (PPP)Page 576
- seat of dispute determination is within jurisdiction
- Site/Country is within jurisdiction –
- subject matter arbitrability –
- suspension clauses
- taxation
- termination of contract , ,
- third party claims –
- UNCITRAL Model Law
- Variations to scope of work
- indigenous rights see native land
- indirect or consequential loss or damage
- Indonesia
- addendum and amendment of contract –
- applicable legislation, summary of –
- civil law system
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework –
- contract interpretation under local law and custom –
- cost changes, adjustments for –
- court system –
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts –
- DAAB/DAB –,
- desirable Special Provisions in the Particular Conditions –
- dispute resolution –, ,
- enforcement of foreign judgments
- entry into contract –,
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and law of Site/Country –
- FIDIC General Conditions and relevant laws on dispute determination –
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of –
- Islamic law
- labour laws –
- local labour, priority of –
- local Plant and Materials (local content), priority of –
- operation of contract –, , –
- Particular Conditions, desirable Special Provisions in –
- public procurement , –
- seat of dispute determination is within jurisdiction –
- Site/Country is within jurisdiction –
- Subcontractors –
- termination of contract –, , ,
- time bars ,
- unit price contracts, evaluation of –
- Variations –
- innovation
- insolvency
- insurance
- international construction contracts
- international conventions and agreements, country accessions to –
- International Tunnelling and Underground Space Association see ITA-AITES
- interpretation see contract interpretation under local law and custom
- ipso facto termination clauses –
-
Islamic lawPage 577
- ITA-AITES
- Japan
- appeal to court may mean loss of right to arbitration
- applicable legislation, summary of –
- arbitration
- bankruptcy –
- calibration of testing apparatus, equipment and instruments
- civil law system
- constitutional structure
- Construction Dispute Adjudication Boards (Kensetsu-Funso-Shinsa-Kai) (KFSKs)
- construction industry, overview of
- construction industry regulatory framework –
- contract forms in common use –
- contract interpretation under local law and custom –
- Contractors’ obligations in EPC Silver Book –
- court system –
- court-based litigation
- court-sponsored mediation
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts
- Covid-19 travel restrictions –
- current challenges for construction industry
- DAAB/DAB ,
- defect liability
- delays, damages/penalties for
- designs, clauses as to
- desirable Special Provisions in the Particular Conditions –
- dispute resolution –, ,
- Employers’ duty to pay for contract changes –
- Employer’s sale of Contractor’s Equipment, surplus material, wreckage and Temporary Works –
- entry into contract –
- exceptional events (Force Majeure) –
- extension of time (EOT) clauses –
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and law of Site/Country –
- FIDIC General Conditions and relevant laws on dispute determination
- financial support under Covid-19
- good faith
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of –
- ground risks, allocation of –
- health and safety
- health and safety measures under Covid-19
- implied terms –
- innovation
- insolvency –
- insurance
- interpretation of contract terms –
- JICA see Japan International Cooperation Agency
- labour law changes under Covid-19
- labour laws , –
- licensing of Contractors –
- limitation of liability
- limitation periods –
- liquidation –
- lump sum contracts
- misrepresentation
- non-conformance liability under Civil Code
- obligation to complete with a certain result versus obligation to apply the means
- operation of contract –
- ownership of Plant and Materials
- Particular Conditions, desirable Special Provisions in –
- permissions, acquiring of
- procurement, private –, –
-
procurement, public , –Page 578
- prohibition on construction under Covid-19
- public policy ,
- seat of dispute determination is within jurisdiction
- set-off rights
- Site/Country is within jurisdiction –
- statute of limitations (shometsu-jiko) –
- Subcontractors –
- termination of contract , ,
- time bars
- UNCITRAL Model Law
- unique features of Japanese construction industry –
- valuation of Variations
- Variations –
- working on construction sites under Covid-19 –
- Japan International Cooperation Agency (JICA)
- development objectives –
- Dispute Boards, promotion of
- Dispute Boards, use of –
- documents, availability of
- experience of contract management and project implementation
- fair and balanced risk allocation –
- FIDIC contracts usage , –
- FIDIC Golden Principles, and
- procurement guidelines ,
- role in infrastructure development worldwide –
- standard bidding documents –
- Jian Li see China
- JICA see Japan International Cooperation Agency
- Korea
- Act on the Regulation of Terms and Conditions (ARTC) –
- applicable legislation, summary of –
- civil law system
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework –
- contract interpretation under local law and custom –
- contract law –
- court system
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts –
- curial law
- DAAB/DAB
- deduction of liquidated damages
- desirable/necessary Special Provisions in the Particular Conditions –
- direct progress payment claims by Subcontractor to Employer –
- dispute resolution ,
- Employer’s liability for payments to Contractor’s personnel –
- Engineer, role of –
- entry into contract
- environmental controls
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and law of Site/Country –
- FIDIC General Conditions and relevant laws on dispute determination –
- Gam-Li –
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of
- government procurement
- health and safety
- indirect or consequential loss or damage
- ipso facto termination clauses –
- labour laws
- multi-tiered dispute resolution clauses
- operation of contract –
- optional arbitration clauses
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in –
- reckless misconduct
- seat of dispute determination is within jurisdiction
- Site/Country is within jurisdiction –
- subcontracting entire Works to Subcontractor –
- termination of contract ,
- termination of contract after completion
-
third-party supervisor (Gam-Li) –Page 579
- transfers of title
- UNCITRAL Model Law
- unfair contract terms –
- labour laws
- legal systems see civil lawsee common law
- legislation see applicable legislation
- lex arbitrii (curial law) , , ,
- lex constructionis
- liability
- licensing of Contractors
- licensing of professionals
- liens see China
- limitation of liability
- limitation periods
- liquidated damages
- liquidation –
- local labour see labour laws
- local law and custom
- local Plant and Materials (local content), priority of –
- loss, indirect or consequential
- lump sum contracts
- Malaysia
- anti-corruption laws
- applicable legislation, summary of –
- building regulations
- Bumiputras (Native Malays)
- common law system –
- constitutional structure –
- construction industry, overview of –
- construction industry recent developments –
- contract forms in common use –
- contract interpretation under local law and custom –
- court system
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts –
- current challenges for construction industry –
- damages for breach of contract, assessment of –
- defects
- desirable/necessary Special Provisions in the Particular Conditions –
- dispute resolution –, ,
- entry into contract
- environmental controls
-
FIDIC General Conditions and governing law of the contractPage 580
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination
- foreign Contractors
- frustrated contracts –
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of –
- gross negligence
- health and safety , , , ,
- implied terms –
- innovation –
- insurance –, –
- Islamic law –
- labour laws –
- liquidated damages –
- local labour, priority of –
- mandatory insurance –
- misleading or deceptive conduct
- operation of contract –, –
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in –
- planning regulations
- proportionate liability
- public policy
- public procurement –
- seat of dispute determination is within jurisdiction
- security of payment –
- Site/Country is within jurisdiction –
- termination of contract ,
- third parties
- time bars
- UNCITRAL Model Law
- mandatory law , , , , , , –,
- Materials
- MDBs see multilateral development banks
- MiC see Modular Integrated Construction
- misleading or deceptive conduct
- misrepresentation
- Modular Integrated Construction (MiC) –
- multilateral development banks (MDBs), FIDIC contracts usage –
- multi-tiered dispute resolution clauses
- native land
- natural justice (amiable compositeur)
- negligence see gross negligence
- Nepal
- amiable compositeur (natural justice)
- applicable legislation, summary of –
- arbitration –
- bankruptcy under Covid-19
- breach of contract, Covid-19 as defence
- commencement or continuation of court or arbitration proceedings under Covid-19
- common law system –
- company law under Covid-19
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework –
- consumable items, customs duties on
- contract forms in common use –
- contract interpretation under local law and custom –
- court system –
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts –
- current challenges for construction industry –
- custom duties , –
- desirable/necessary Special Provisions in the Particular Conditions –
- dispute resolution , –, –
- dispute resolution under Covid-19
- District Courts
- entry into contract
-
equipment, customs duties onPage 581
- exceptional events (Force Majeure)
- explosives, regulations on use of –
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination –
- financial support under Covid-19
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of –
- health and safety
- health and safety measures under Covid-19
- High Courts
- import licences
- income tax ,
- innovation –
- insolvency under Covid-19
- insurance
- labour law changes under Covid-19
- labour laws
- licensing –
- licensing of Contractors –
- liquidated damages, moratorium on calculation under Covid-19
- Materials, customs duties on
- natural justice (amiable compositeur)
- operation of contract –, –
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in –
- Plant, customs duties on
- prohibition on construction under Covid-19 –
- public and private procurement
- Public Private Partnership (PPP)
- re-exportable items, customs duties on
- royalties for extraction of aggregates, etc. from river bed
- seat of dispute determination is within jurisdiction –
- Site/Country is within jurisdiction –
- specialised courts
- Supreme Court –
- taxation –
- temporary licences for foreign construction companies
- termination of contract –,
- time bars
- travel restrictions under Covid-19
- UNCITRAL Model Law ,
- unique features of Nepalese construction industry
- working on construction sites under Covid-19
- New York Convention, country accessions to –
- no objection certificates (NOCs) –
- notices of claim
- One Belt One Road see China
- operation of contract
- optional arbitration clauses
- overseas development aid (ODA) see Japan International Cooperation Agency
- pacta sunt servanda –
- Pakistan
- alternative dispute resolution –
- appeal to court does not mean that right to arbitration is lost
- applicable legislation, summary of –
- common law system –
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework –,
- contract forms in common use –
- contract interpretation under local law and custom –
-
court system –Page 582
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts
- current challenges for construction industry
- delays, damages/penalties for –
- desirable/necessary Special Provisions in the Particular Conditions –
- dispute resolution –, ,
- Employer’s sale of Contractor’s Equipment, surplus material, wreckage and Temporary Works –
- Employer’s use of Contractor’s Goods after termination of contract
- entry into contract
- exceptional events (Force Majeure) –
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of –
- government procurement –
- health and safety
- innovation
- insurance
- Islamic law
- joint and several liability of partnerships
- labour laws
- licensing of Contractors –
- limitation periods –
- misrepresentation
- operation of contract –
- Particular Conditions, desirable Special Provisions in
- Particular Conditions, necessary Special Provisions in –
- public policy
- Public Private Partnership (PPP) ,
- seat of dispute determination is within jurisdiction
- set-off rights –
- Site/Country is within jurisdiction –
- termination of contract ,
- time bars
- Papua New Guinea
- access to alienated land –
- applicable legislation, summary of –
- arbitration –
- breach of contract
- claims against the state
- common law system –
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework –
- contract interpretation under local law and custom –
- court system
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts
- delays, damages/penalties for –
- dispute resolution ,
- entry into contract
- environmental controls
- extension of time (EOT) clauses –
- fairness of transactions –
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination
- foreign exchange controls –
- governing law of the contract, applicable legislation
- governing law of the contract, constraints on
- governing law of the contract, formal requirements of –
- government procurement –
- health and safety
- insurance
- labour laws
- limitation periods
- liquidated damages –
- native land –
- operation of contract –
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in –
-
prevention principle –Page 583
- proportionate liability
- seat of dispute determination is within jurisdiction
- Site/Country is within jurisdiction –
- stamp duty
- tax clearance for remittance of funds offshore –
- termination of contract ,
- time bars
- Particular Conditions
- agreement to arbitrate, governing law as to –
- choice of law –
- Contract Data –
- format of –
- General Conditions and
- governing law of the contract –
- Part A - Contract Data , –
- Part B - Special Provisions , –
- preparation of –
- priority over General Conditions
- reasons for
- Special Provisions for consistency with applicable law –,
- Special Provisions for consistency with governing law of the contract
- Special Provisions for Employer’s preferences –
- Special Provisions for project requirements –
- Particular Conditions, desirable Special Provisions in
- Particular Conditions, necessary Special Provisions in
- partnerships, joint and several liability
- payments
- performance bank guarantees
- performance security –
- permissions, acquiring of
- Philippines
- applicable legislation, summary of –
- arbitration –
- civil law system
- common law system
- constitutional structure –
- construction industry, overview of –
- construction industry regulatory framework –
- contract forms in common use –
- contract interpretation under local law and custom –
- court system –
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts –
- current challenges for construction industry
- delays, damages/penalties for
- Dispute Boards –
- dispute resolution –, –,
- entry into contract
- exceptional events (Force Majeure)
- FIDIC General Conditions and governing law of the contract
-
FIDIC General Conditions and law of Site/CountryPage 584
- FIDIC General Conditions and relevant laws on dispute determination –
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of –
- health and safety ,
- innovation
- insurance –
- Islamic law
- labour laws
- licensing of Contractors –
- licensing of professionals
- liquidated damages
- operation of contract –
- Particular Conditions, desirable Special Provisions in
- Particular Conditions, necessary Special Provisions in –
- public and private procurement –
- public policy –
- Public Private Partnership (PPP)
- seat of arbitration –
- seat of dispute determination is within jurisdiction
- Site/Country is within jurisdiction –
- termination of contract ,
- planning regulations
- Plant
- PPP see Public Private Partnership
- prevention principle –
- price see costs
- procurement, private
- procurement, public
- professionals see licensing of professionals
- project requirements, Particular Conditions –
- project supervisor (Jian Li) see China
- proper law see choice of law
- proportionate liability
- public policy (ordre public)
- Public Private Partnership (PPP)
- public procurement see procurement, public
- qualifications, Engineers’
- rainbow suite –
- rebus sic stantibus ,
- reckless misconduct
- Red Book 2017, order of precedence of documents
- Retention Money
- risk
- fair and balanced allocation , –, –
- Golden Principles
-
ground risks, allocation of –Page 585
- JICA –
- underground Works see underground works
- royalties
- safety see health and safety
- scope of work, variation of see Variations
- security of payment
- separability see doctrine of separability
- set-off rights
- Silver Book 2017
- Singapore
- applicable legislation, summary of –
- common law system
- constitutional structure
- construction industry, overview of –
- contract forms in common use
- contract interpretation under local law and custom –
- court system
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts , –
- dispute resolution –, ,
- entry into contract
- exercise of Engineer’s duties –
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination
- frustrated contracts –
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on
- governing law of the contract, formal requirements of
- gross negligence
- operation of contract , –
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in
- priority of specially drafted terms over General Conditions
- public policy
- seat of dispute determination is within jurisdiction
- security of payment –
- Site/Country is within jurisdiction –
- termination of contract ,
- third parties
- Special Provisions see Particular Conditions
- Sri Lanka
- applicable legislation, summary of –
- civil law system –
- common law system –
- constitutional structure
- construction industry associations –
- Construction Industry Development Authority –
- construction industry, overview of –
- contract forms in common use
- contract interpretation under local law and custom
- court system
- Covid-19 and execution of construction projects
- Covid-19 and operation of construction contracts
- customary law –
- DAB
- dispute resolution , ,
- entry into contract
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and law of Site/Country
- FIDIC General Conditions and relevant laws on dispute determination
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of
- health and safety
- innovation
- insurance –
- Islamic law –
-
labour lawsPage 586
- operation of contract –
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in
- seat of dispute determination is within jurisdiction
- Site/Country is within jurisdiction –
- termination of contract ,
- UNCITRAL Model Law
- stamp duty
- statute of limitations see limitation periods
- Subcontractors
- subject matter arbitrability –
- subsurface Works see underground works
- surplus Materials, sale of
- suspension clauses
- taxation
- Temporary Works, sale of
- tenders
- termination of contract
- testing apparatus, equipment and instruments, calibration of
- third parties
- time
- transfers of title
- UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law)
- applicable laws as to arbitration
- Australia ,
- Fiji ,
- Hong Kong
- India
- Japan
- Korea
- Malaysia
-
Nepal ,Page 587
- Sri Lanka
- underground works
- building information modelling systems
- commercial risks
- completion time, adjustment of –
- completion time, measurement of –
- consideration of risks
- construction risks –
- contract price adjustments
- Contractors, relevant experience
- Contractors, selection of –
- Contractor’s remuneration for time-related charges, adjustment of
- contractual framework checklist –
- departures from Emerald Book General Conditions –
- design –
- dispute resolution –
- Employer’s requirements –
- Engineer’s agreement or determination
- Engineer’s determination, dissatisfaction with
- Engineer’s instructions
- Engineer’s qualifications
- Engineer’s representative
- Engineer’s role
- Geotechnical Baseline Reports –
- Geotechnical Data Reports
- need for specialist contract
- physical risks –
- risk allocation –
- safety of workforce –
- tender documents, preparation of –
- tenders, preparation of
- time-related charges, adjustment of Contractor’s remuneration
- unexpected subsurface conditions risks
- unexpected subsurface conditions, risks of – see also Emerald Book
- unfair contract terms –
- unit price contracts, evaluation of –
- Variations
- Vietnam
- applicable legislation, summary of –
- arbitration
- breach of contract, damages for –
- civil law system –
- condition precedent for issuance of taking-over certificate for the Works or Sections –
- constitutional structure
- construction industry, overview of –
- contract agreements –
- contract forms in common use –
- contract interpretation under local law and custom –
- contract liquidation –
- court system
- Covid-19 and execution of construction projects –
- Covid-19 and operation of construction contracts –
- DAAB –
- delays, damages/penalties for , –
- Dispute Boards –
- dispute resolution –,
- effectiveness and effective date of contract
- Employer’s sale of Contractor’s Equipment, surplus material, wreckage and Temporary Works –
- Engineer’s role –
- entry into contract
- exceptional events (Force Majeure) –
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and law of Site/Country –
- FIDIC General Conditions and relevant laws on dispute determination –
- financial support under Covid-19 –
- financing charges in delayed payments –
- governing law of the contract, applicable legislation –
- governing law of the contract, constraints on –
- governing law of the contract, formal requirements of
- health and safety measures under Covid-19
- indemnities by Contractors –
- innovation
- insurance to be provided by Contractor –
-
licensing of Contractors –Page 588
- licensing of professionals –
- notices of claim
- operation of contract –
- ownership of Plant and Materials
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in –
- performance security –
- prohibition on construction under Covid-19
- Public Private Partnership (PPP)
- roles and obligations of Parties to Contract –
- seat of dispute determination is within jurisdiction
- Site/Country is within jurisdiction –
- termination of contract ,
- travel restrictions under Covid-19
- worker and workplace safety see health and safety
- wreckage, sale of
- WTO Agreement on Government Procurement, country accessions to –
- Yellow Book 2017