FIDIC Contracts in the Americas
Page 323
Index
- Abrahamson Principles –,
- alternative dispute resolution (ADR) –, , , , , – see also dispute resolution
- amiable compositeur (natural justice)
- anti-corruption measures
- Canada –
- anti-trust/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
- applicable law , ,
- Bolivia –
- Brazil –
- Canada
- Chile –,
- Ecuador –
- Mexico , , ,
- Peru , –, ,
- United States of America , ,
- Uruguay –, , –
- see also enforcement of foreign judgments; UNCITRAL Model Law on International Commercial Arbitration 1985
- bankruptcy , , , , ,
- banks
- behaviour see conduct
- best practice, promotion of –
- bids see tenders
- Bilateral Investment Treaty (BIT)
- BIM see building information modeling system
- Blue-Green Book ,
- Bolivia
- applicable legislation , –
- arbitration –
- bankruptcy
- Bilateral Investment Treaty (BIT)
- building information modeling system –
- challenges
- civil law
- common forms of contract
- constitutional structures –
- construction industry overviews –
- contract liquidation
- court systems –
- COVID-19 –
- current challenges for construction industry
- damages , , ,
- defects ,
- delays, damages/penalties for
- Dispute Boards ,
- dispute resolution –, –
- entry into contract
- exceptional events (Force Majeure)
- extension of time clauses
- FIDIC General Conditions –
- good faith
- governing law of the contract –
- health and safety
- innovation –
- insolvency
- insurance –,
- labour relations –
- legal system in
- licensing/registration –
- liens
- limitation periods
- liquidation
- modular construction
- moral rights
- Particular Conditions –
- procurement –
- Public Private Partnership (PPP)
- safety culture –
- Special Provisions –
- Subcontractors
- surplus Materials
- Temporary Works, sale of
- termination , , , ,
- variations
- wreckage, sale of ,
- Brazil
- applicable legislation –
- arbitration –
- bankruptcy
- building information modeling system
- challenges
- civil law ,
- common forms of contract
- constitutional structures
- construction industry overviews –
- contract liquidation
- court systems –
- COVID-19 –
- current challenges for construction industry
- damages
- defects
- delays, damages/penalties for
- Dispute Adjudication Board
- Dispute Avoidance and Adjudication Board
- Dispute Boards ,
- dispute resolution –, ,
- entry into contract
- exceptional events (Force Majeure) ,
- extension of time clauses
- FIDIC General Conditions –
- governing law of the contract –, –
- government procurement –
- gross negligence –
- hardship –
- health and safety ,
- innovation
- insolvency
- labour laws
- labour relations
- legal system
- licensing of professionals –
- liens
- limitation of liability
- liquidation
- local law and custom –
- modular construction
- Particular Conditions –
- Program of Investment Partnerships (PPI)
- Public Private Partnership (PPP)
- safety culture –
- Temporary Works, sale of
- termination –
- third parties
- UNCITRAL Model Law
- variations –
- wreckage, sale of
- breach of contract
- building information modeling system (BIM)
- Bolivia –
- Brazil
- Canada
- Chile
- Mexico
- Peru
- United States of America
- Uruguay –
- Canada
- anti-corruption measures –
- applicable legislation –
- arbitration
- building information modeling system
- civil law
- common forms of contract –
- common law , ,
- constitutional structures
- construction industry overviews –
- Construction lien legislation –
- contract forms in common use
- contract liquidation
- Contracting Authority
- court systems –
- COVID-19 –
- damages
- Dispute Avoidance and Adjudication Board ,
- Dispute Boards
- dispute resolution –, ,
- entry into contract
- exceptional events (Force Majeure) , ,
- FIDIC General Conditions –
- frustrated contracts
- governing law of the contract –
- health and safety , ,
- Indigenous peoples –
- innovation –
- insurance
- labour relations –
- legal system
- licensing of professionals –
- liens , ,
- local law and custom
- moral rights
- Particular Conditions –
- private law
- procurement –
- public law
- Public Private Partnership (PPP)
- safety culture –
- technology and innovation –
- termination
- Chile
- applicable legislation –
- arbitration –,
- building information modeling system
- challenges
- civil law
- common forms of contract
- common law , ,
- constitutional structures
- construction industry overviews –
- contract liquidation
- court systems –
- COVID-19 –
- current challenges for construction industry
- damages , –
- defects
- delays, damages/penalties for –
- Dispute Avoidance and Adjudication Board
- Dispute Boards
- dispute resolution –, –
- entry into contract
- exceptional events (Force Majeure) –
- extension of time clauses
- FIDIC General Conditions
- good faith –
- governing law of the contract , –
- government procurement –
- health and safety , ,
- insurance
- labour relations
- legal system
- licensing of Contractors –
- liens
- limitation periods ,
- local law and custom
- modular construction
- moral rights
- multas
- Particular Conditions –
- pena enorme
- Public Private Partnership (PPP)
- safety culture –
- Temporary Works, sale of
- termination –,
- third parties ,
- UNCITRAL Model Law
- wreckage, sale of
- choice of law see applicable law
- civil law
- commercial contracts and construction contracts distinguished
- common forms of contract
- common law
- conduct
- consequential loss or damage see indirect or consequential loss or damage
- constitutional structures
- 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
- contract forms in common use
- contract liquidation
- Contract Participants –
- Contractor's Equipment, sale of
- Contractors
- claims , , , , , ,
- foreign , , ,
- indemnities by –
- licensing requirements
- limitation of liability
- obligations in EPC Silver Book ,
- registration/licensing –
- sale of equipment by Employer see also licensing of Contractors
- Corpus Iuris Civilis
- corruption see anti-corruption laws
- court proceedings , , , ,
- court systems
- COVID-19
- curial law (lex arbitrii) , –
- current challenges for construction industry
- DAAB see Dispute Avoidance and Adjudication Board
- DAB see Dispute Adjudication Board
- damage, indirect or consequential
- damages
- Data, Contract see Particular Conditions
- deed
- defects
- delayed payments, financing charges in
- delays, damages/penalties for
- design
- Dispute Adjudication Board (DAB)
- Dispute Avoidance and Adjudication Board (DAAB)
- Dispute Boards
- dispute resolution
- Ecuador
- applicable legislation –
- arbitration –
- bankruptcy
- challenges
- civil law
- constitutional structures
- construction industry overviews –
- contract forms in common use
- contract liquidation
- court systems
- COVID-19 –
- current challenges for construction industry
- damages
- defects
- dispute resolution –, ,
- employment –
- entry into contract
- exceptional events (Force Majeure) ,
- FIDIC General Conditions
- governing law of the contract –
- health and safety
- innovation
- insurance
- labour relations
- licensing of Contractors
- liens
- local law and custom
- modular construction
- moral rights
- Particular Conditions
- procurement –
- Public Private Partnership (PPP) ,
- safety culture –
- Temporary Works, sale of
- termination –, , , ,
- third parties
- unique features of the construction industry
- wreckage, sale of
- Emerald Book
- Employers
- Engineers
- entry into contract
- EPC contract ,
- EPCM contract ,
- equipment
- ex aequo et bono
- exceptional events (Force Majeure) , ,
- extension of time (EOT) clauses
- extra-territoriality, applicable law and
- fair and balanced contracts
- 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 , , , ,
- Bolivia –
- Brazil –
- Canada –
- Chile
- Ecuador
- Mexico –
- Peru –
- United States of America –
- Uruguay –
- FIDIC Golden Principles see Golden Principles
- financing charges in delayed payments
- force majeure see exceptional events
- foreign judgments see enforcement of foreign judgments
- freedom of contract –
- frustrated contracts
- General Conditions see FIDIC General Conditions
- Gold Book ,
- Golden Principles (GPs)
- good faith –
- governing law of the contract
- government procurement see procurement
- Green Book , ,
- gross negligence
- ground risks, allocation of
- guarantees see performance bank guarantees
- Hague Convention on Choice of Court Agreements
- Hague Principles –,
- hardship
- Head Contract ,
- health and safety
- ICSID Convention , ,
- implied terms
- in rem claim ,
- income tax
- indirect or consequential loss or damage
- innovation
- 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
- Japan International Cooperation Agency (JICA) ,
- JICA see Japan International Cooperation Agency
- joint and several liability
- labour laws ,
- law of the forum , –,
- legal system
- legal systems see civil law; see common law
- legislation see applicable legislation
- lex arbitrii (curial law) , –,
- lex constructionis –
- lex fori , ,
- lex loci rei sitae ,
- liability
- licensing of Contractors
- licensing of professionals
- licensing/registration
- liens
- limitation of liability
- limitation periods
- liquidated damages
- liquidation
- local labour see labour laws
- local law and custom
- loss, indirect or consequential
- lump sum contracts
- mandatory law , , , , –,
- Materials
- MDBs see multilateral development banks
- Mercosur
- Mexico
- applicable legislation , –
- arbitration , , ,
- bankruptcy
- building information modeling system
- challenges
- civil law
- common forms of contract –
- constitutional structures
- construction industry overview –
- contract liquidation ,
- court systems –
- COVID-19 –
- current challenges for construction industry
- damages , ,
- defects
- Dispute Adjudication Board
- Dispute Avoidance and Adjudication Board
- Dispute Boards ,
- dispute resolution –, , ,
- entry into contract –,
- exceptional events (Force Majeure) , ,
- FIDIC General Conditions –
- governing law of the contract –
- hardship
- health and safety ,
- innovation
- insolvency ,
- insurance
- labour laws
- labour relations
- legal environment –
- legal system
- licensing of professionals ,
- liens
- limitation periods , ,
- liquidation ,
- local law and custom –
- modular construction –
- moral rights
- Particular Conditions –
- procurement –
- residential mortgage backed securities (RMBS)
- safety culture
- Subcontractors
- termination –,
- UNCITRAL Model Law
- USMCA
- misrepresentation
- Model Law , , , , , ,
- moral rights
- multilateral development banks (MDBs)
- natural justice (amiable compositeur)
- negligence see gross negligence
- New Engineering Contract (NEC)
- New York Convention , –, , , , ,
- non-mandatory law , , ,
- notices of claim –, –
- operation of contract –,
- Orange Book 1995 , , ,
- ordre public , –,
- pacta sunt servanda ,
- Particular Conditions
- Particular Conditions, desirable Special Provisions in –
- Particular Conditions, necessary Special Provisions in –
- Payment Legislation
- payments
- performance security
- pena enorme
- penaldides
- Peru
- applicable legislation –
- arbitration , –, ,
- bankruptcy ,
- building information modeling system
- challenges –
- civil law
- common forms of contract –
- common law –
- constitutional structures
- construction industry overviews –
- contract forms in common use –
- contract liquidation ,
- court systems
- COVID-19 –
- current challenges for construction industry –
- damages –,
- defects , , –
- delays, damages/penalties for –,
- Dispute Adjudication Board ,
- Dispute Avoidance and Adjudication Board
- Dispute Boards , ,
- dispute resolution –, ,
- entry into contract
- exceptional events (Force Majeure)
- extension of time clauses
- FIDIC General Conditions –
- good faith
- governing law of the contract –, –
- gross negligence
- health and safety –,
- implied terms
- innovation
- insurance
- integrated project delivery (IPD)
- labour relations
- legal system –
- licensing of Contractors –
- limitation periods –
- liquidated damages –
- modular construction
- New Engineering Contract (NEC)
- Particular Conditions –
- penaldides
- procurement –
- project management officer
- Project Partnering Contract (PPC 2000)
- safety culture –
- termination ,
- third parties ,
- unique features of the construction industry
- variations ,
- virtual design and construction (VDC)
- Pink Book –,
- Plant
- PPP see Public Private Partnership
- price see costs
- private law
- procurement
- procurement, private
- procurement, public
- professionals see licensing of professionals
- project requirements, Particular Conditions –
- proper law see choice of law
- proper law of the contract –,
- public law
- public policy (ordre public)
- Public Private Partnership (PPP) ,
- public procurement see procurement, see public
- public–private partnership (PPP)
- rainbow suite , ,
- rebus sic stantibus ,
- recepción definitiva
- recepción provisoria
- reception , ,
- reckless misconduct
- recursos administrativos
- Red Book 1977 ,
- Red Book 1987 , ,
- Red Book 1999 , , ,
- Red Book 2017 , , , ,
- request for qualifications (RFQ)
- Retention Money
- risk
- Rome I , –,
- safety see health and safety
- scope of work, variation of see Variations
- security of payment
- separability see doctrine of separability
- Silver Book 1999 , ,
- Silver Book 2017 ,
- Special Provisions see Particular Conditions
- stamp duty
- standard bidding documents
- stare decisis ,
- statute of limitations see limitation periods
- Subcontractors
- surplus Materials, sale of
- taxation
- Temporary Works, sale of
- tenders , , , , , , , , , , , , , , , , , , , , , , , , , ,
- termination
- testing apparatus, equipment and instruments, calibration of , ,
- third parties
- time
- time bars , ,
- UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law)
- underground works , ,
- unfair contract terms
- UNIDROIT , , , ,
- United States of America
- applicable legislation –
- arbitration , ,
- building information modeling system
- common forms of contract –
- common law , , –
- constitutional structures
- court systems –
- COVID-19 –
- damages –, ,
- defects
- Dispute Boards
- dispute resolution
- FIDIC General Conditions –
- governing law of the contract –
- innovation
- insurance
- labour relations
- legal system
- licensing of Contractors –
- licensing of professionals –
- limitation of liability
- liquidated damages
- modular construction
- Particular Conditions –
- procurement
- safety culture –
- UNCITRAL Model Law
- variations
- Uruguay
- ad solemnitatem
- applicable legislation –
- arbitration –, , –
- bankruptcy ,
- building information modeling system –
- challenges
- civil law
- constitutional structures –
- construction capability index
- construction industry overviews –
- contract liquidation
- contractors
- court systems
- COVID-19 –
- current challenges for construction industry
- damages –
- defects
- Dispute Adjudication Board
- Dispute Boards
- dispute resolution –
- entry into contract
- exceptional events (Force Majeure)
- extra petita
- FIDIC General Conditions –
- governing law of the contract –, –
- hardship
- health and safety
- innovation –
- insolvency
- insurance –
- labour laws
- labour relations
- legal system –
- liens
- modular construction
- moral rights
- Particular Conditions –
- registration
- safety culture
- SPV
- subcontracting –
- termination , ,
- third parties , ,
- UNCITRAL Model Law ,
- unique features of the construction industry –
- Variations
- virtual design and construction (VDC)
- worker and workplace safety see health and safety
- wreckage, sale of
- WTO Agreement on Government Procurement, country accessions to –
- WTO GPA
- Yellow Book 1987 ,
- Yellow Book 1999 ,
- Yellow Book 2017 , , –, , , ,