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INTERNATIONAL CONSTRUCTION LAW

Summer course 30 July – 10 August 2018 Exam date: 14 August 2018


Summer course 30 July – 14 August 2018

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.


Date: 30 July – 14 August 2018

ECTS: 10 ECTS

Level: 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: Free

Other students: 5.000 DKR

Practitioners: 5.000 DKR

Books, material, meals,

accommodation, etc. is not included

INTERNATIONAL CONSTRUCTION LAW Summer course 30 July – 14 August 2018

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.

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.

APPLICATION

AU students must apply through mit.au.dk

Practitioners must apply through AU Summer University:

http://www.au.dk/en/summeruniversity/

Registration is open: 1/12-17 to 15/3-18

Info: [email protected]

COURSE LITERATURE

Main text book: Axel-Volkmar Jaeger and Götz-Sebastian Hök, FIDIC: A Guide for Practitioners, New York: Springer, 2009.

Additional reading: Will be handed out during course

INTERNATIONAL CONSTRUCTION LAW Summer course 30 July – 14 August 2018

INSTRUCTOR

Dr. Dimitar Kondev

Lawyer, White & Case LLP, Paris MCIArb, Chartered Institute of Arbitrators, Attorney-at-law, Bulgarian Bar FIDIC Adjudicator BACEA National List

Dimitar is a lawyer specializing in construction law and dispute resolution who is currently working at White & Case LLP Paris. Before joining White & Case, Dimitar was a senior associate at one of the largest law firms in Bulgaria, where he provided legal advice on all aspects and stages of large-scale construction projects. Dimitar has authored several articles published in the International Construction Law Review, Construction Law International and other journals. He is the author of the book “Multi-Party and Multi-Contract Arbitration in the Construction Industry” published by Wiley Blackwell in March 2017.

A range of external instructors may accompany Dimitar in the course.

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 03.070 Inge Lehmanns Gade 10 8000 Aarhus C Denmark

Course value 10 ECTS

Period Summer 2018

Teaching hours 48 hours in total

Length 30 July – 14 August 2018

Structure Lectures and Case Studies (three sessions per week, each session comprising 8 hours. Participants’ presentations (2-3 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: 14 August 2018

Lecturers may give home assignments or presentations (not graded) Lecturers Dimitar Kondev, White & Case LLP Paris

and others Literature Axel-Volkmar Jaeger and Götz-Sebastian Hök, FIDIC: A Guide for Practitioners,

New York: Springer, 2009

Additional reading material will be handed out

COURSESTRUCTURE

Session Subject Reading(referencetothebook) Lecturer

SESSION1

30July2018(Monday)

INTRODUCTION,LEGALSYSTEMS,INTERNATIONALSTANDARD

FORMAGREEMENTS

Lecture–4h(09:00-13:00) - Generalintroductiontothecourse- Introductiontointernationalconstructionprojects- Legalsystems- ConflictofLaws- InternationalStandardFormConstructionAgreements- DevelopmentStages

Chapters1-5

Pages1-98DimitarKondev

Lecture–4h(15:00-19:00) - CommonDeliveryMethods

- UnderstandingFIDICConditionsofContract

- FIDICContractDocuments

Chapter6-7

Pages99-175Dimitar

KondevorGuestLecturer

SESSION2

1August2018(Wednesday)

PARTIES’OBLIGATIONS,DESIGNRESPONSIBILITY,ROLEOF

ENGINEER,TIMEFORCOMPLETION,VARIATIONS

Lecture+CaseStudies–4h(09:00-13:00)

- Employer’sObligations- Contractor’sObligations- DesignResponsibility

Chapters8-10



- RoleoftheEngineer- TimeforCompletion- Variations

Chapter11-13


SESSION3

3August2018(Friday)

TESTS,CERTIFICATES,DEFECTSLIABILITY,TERMINATION,RISK,

INSURANCEANDSECURITIES


- Tests- Certificates- DefectsNotificationPeriodandDefectsLiability

Chapter14-16

283-315DimitarKondev

Lecture+CaseStudies–4h - Termination Chapters17,19,20 Dimitar

(15:00–19:00) - RiskandInsurance- Securities

Pages317-324,335-356 KondevorGuestLecturer

SESSION4

6August2018(Monday)

FORCEMAJEURE,CLAIMSANDDISPUTES,DISPUTE

ADJUDICATION,ARBITRATION

Lecture+CaseStudies–4h(09:00–13:00)

- Discharge,FrustrationandForceMajeure

- ClaimManagement

- ClaimsandDisputes

Chapters18,21,22

Pages325-333,357-416DimitarKondev


- Disputes

- DisputeAdjudicationBoardsandArbitration

Chapters21-22


SESSION5

8August2018(Wednesday)

ARBITRATION(cont.),PARTICIPANTS’PRESENTATIONSAND

PREPARATIONFORMOCKHEARING


- Arbitration(cont.)- Participants’presentationofspecifictopics(groupwork

required,topicstobeannounced)–2hours

MaterialstobeuploadedonBlackboard

DimitarKondev

Preparationformockhearing–4h(15:00–19:00)

- MockArbitrationHearing–preparation NA DimitarKondev

SESSION6

10August2018(Friday)MOCKARBITRATIONHEARING,Q&ASESSION

MockHearing–4h(09:00–13:00)

- MockArbitrationHearing NA Three-memberpanel(tobeconfirmed)

Q&ASession–4h(15:00–19:00)

- Q&ASession- ExamInstructions- ClosingRemarks

NA DimitarKondev

EXAM

14August2018(Tuesday)

ORALEXAMINATION