INTERNATIONAL CONSTRUCTION LAW

Transcription

1 Exam date: 23 August 2016

2 INTERNATIONAL CONSTRUCTION LAW International construction law is an area of law which is gaining increasing popularity. Competition is more international than ever and knowledge in this specialized field of law is required throughout all stages of the construction supply chain. Participants in large construction projects comprise employers, contractors, sub-contractors, suppliers, architects, engineers, project managers, financial institutions, and etc. These participants frequently come from different jurisdictions. In such cases, the use of domestic construction agreements is often inappropriate, and therefore parties often resort to the use of international standard form construction agreements, such as the FIDIC Conditions of Contract and NEC3. Such a choice requires a new approach towards the understanding of construction law which is generally confined to the knowledge of local legislation and standard form domestic contracts applicable in the country where the subject is taught. This course in International Construction Law deals with the legal aspects arising out of the implementation of construction projects which have an international element. By completing this course the participants will have an excellent opportunity to gain a thorough understanding of this specialised area of law and its interaction with commerce in a time of globalization. INTERNATIONAL CONSTRUCTION LAW Date: 27 July 19 August 2016 ECTS: Level: 10 ECTS Master level TARGET GROUP The course is suitable and open for both students and practitioners in the field of law, business, engineering, construction and/or project management. Prior knowledge of construction law is not required. PRICE AU students: Other students: Practitioners: Free 500 EUR 1200 EUR Books, material, meals, accommodation, etc. is not included

3 COURSE STRUCTURE The course will review the nature of construction agreements as a whole and the specific features that discern them from other types of commercial contracts. The focus of the course will be on the FIDIC Conditions of Contract which are widely used internationally. The FIDIC contracts will be examined from both a civil law and a common law perspective. Relevant case law will also be quoted. The course will deal with the legal aspects of all stages of implementation of international construction projects. More particularly, the following topics will be discussed during the course: Formation of construction contracts; Governing law; The role of the Engineer under standard form construction agreements; Rights and obligations of the Employer; Rights and obligations of the Contractor, incl. design responsibility; Sub-contractors; Breach of contract, esp. delay and defects; Remedies for breach of construction contracts, incl. termination; Variations; Securities; Risk allocation; Taking over and Completion; Dispute resolution with an emphasis on dispute adjudication and arbitration. APPLICATION AU students must apply through study service, contact [email protected] for more information. Practitioners must apply by to [email protected] Deadline: 30. June 2016 COURSE LITERATURE Main text book: Axel-Volkmar Jaeger and Götz- Sebastian Hök, FIDIC: A Guide for Practitioners, New York: Springer, Additional reading: Will be handed out during course TEACHING METHOD The course will be taught in English. It is suitable for Bachelor s and Master s students in law, engineering, construction and/or construction management. The course is also suitable for professionals, such as engineers, architects, contractors, project managers, who want to learn more about construction law and the FIDIC Conditions of Contract. Prior knowledge of construction law is not required. The teaching approach to the topic will be both academic and practical. The course will focus on the most important problems that may occur in practice. Thus, the course aims to bridge the gap between theoretical thinking and its practical application. The course will also pay attention to generally used clauses in international construction contracts ( boiler plates ). The participants will be required to read the prescribed literature in advance and to provide their input during the lectures. The course materials will usually consist of: (i) standard form contracts, (ii) examples of specific contract clauses taken from practice, (iii) reading materials and/or case law materials on the subject matter, and/or (iv) assignments. During the lectures the lecturers will invite the participants to answer questions and take part in discussions in order to analyze or resolve questions, cases or clauses. The last lecture of the course will be set up as a mock arbitration hearing based on a practical case.

4 NAVITAS CAMPUS Teaching and examination will take place at the NAVITAS campus in Aarhus. NAVITAS is the new Engineering hotspot in Aarhus. Address: NAVITAS campus Room Inge Lehmanns Gade Aarhus C Denmark INSTRUCTOR Ph.D. Fellow, Aarhus University Denmark (until April 2016), LL.M., Vrije Universiteit Amsterdam, MCIArb, Chartered Institute of Arbitrators, Attorney-at-law, Bulgarian Bar FIDIC Adjudicator BACEA National List is a lawyer specializing in construction law and dispute resolution. He has worked as a senior associate at one of the largest law firms in Bulgaria since 2006, where he has advised major domestic and international clients on all aspects and stages concerning the realization of large-scale construction projects based on both the FIDIC Conditions of Contract and bespoke contracts. has written several articles for renowned international peer-reviewed construction law journals, and is the author of a monograph on Multi-Party and Multi-Contract Arbitration in the Construction Industry (forthcoming in 2016). A range of external instructors will accompany in the course. Course value - 10 ECTS Period - Summer 2016 Teaching hours - 48 hours in total Length - 27 July 19 August 2015 Structure - Lectures and Case Studies (three sessions per week, each session comprising 4 hours; first week two sessions of 4 hours each); - Participants presentations (3 hours) - Mock Arbitration Hearing (4 h for presentation plus 4 h for preparation) - Q &A Session (4 hours) Assessment - Oral exam at the end of the course; Exam Date: 23 August Lecturers may give home assignments or presentations (not graded) Lecturers -, AU - Jakob B. Sørensen (Holst, Advokater), and others Literature - Axel-Volkmar Jaeger and Götz-Sebastian Hök, FIDIC: A Guide for Practitioners, New York: Springer, Additional reading material will be handed out

5 COURSE STRUCTURE Week Subject Reading (reference to the book) Lecturer Week 1 INTRODUCTION, LEGAL SYSTEMS, INTERNATIONAL STANDARD FORM AGREEMENTS Lecture 4h - General introduction to the course Chapters July 2016, Wednesday - Introduction to international construction projects Pages Legal systems - Conflict of Laws - Development Stages 29 July 2016, Friday - Common Delivery Methods - International Standard Form Construction Agreements - Understanding FIDIC Conditions of Contract - FIDIC Contract Documents Chapter 5-7 Pages Jakob Sørensen Week 2 01 August 2016, Monday 3 August 2016, Wednesday 5 August 2016, Friday PARTIES OBLIGATIONS, ENGINEER, VARIATIONS, CERTIFICATES, DEFECTS - Employer s Obligations - Contractor s Obligations - Design Responsibility - Role of the Engineer - Construction Contracts and Contract Management - Time for Completion - Variations - Tests - Certificates - Defects Notification Period and Defects Liability Chapters 8-10 Pages Chapter Pages Chapter NN Week 3 TERMINATION, RISK, CLAIMS AND DISPUTES, DISPUTE

6 (09:00 13:00) 08 August 2016, Monday (09:00 13:00) 10 August 2016, Wednesday (09:00 13:00) 12 August 2016, Friday Week 4 (16:00 20:00) 15 August 2016, Monday Discussion 4 h (09:00 13:00) 16 August 2016, Tuesday Mock Hearing 4h (09:00 13:00) 18 August 2016, Thursday ADJUDICATION, ARBITRATION - Termination - Risk and Insurance - Securities - Discharge, Frustration and Force Majeure - Claim Management - Disputes - Dispute Adjudication Boards and Arbitration - Disputes - Dispute Adjudication Boards and Arbitration MOCK HEARING - Participants presentation of specific topics (group work required, topics to be announced) Chapters 17, 19, 20 Pages , Chapters 18, 21, 22 Pages , Chapters Pages Materials to be uploaded on Blackboard Jakob Sørensen - Mock Arbitration Hearing preparation NA - Mock Arbitration Hearing NA NN NN Q & A Session 4h (09:00 13:00) 19 August 2016, Friday Week 5 EXAMINATION (08:00-16:00= 23 August 2016, Tuesday - Q & A Session - Closing Remarks EXAMINATION - Oral examination Materials to be uploaded on Blackboard NA