Contracts for Infrastructure Projects

Philip Loots has practised exclusively as a construction lawyer for more than 40 years and is a recognised authority on construction law. He has worked in the Middle East, Africa, Australia, Asia and elsewhere internationally. In addition to writing numerous articles in this field, he has authored and co-authored a number of books including Practical Guide to Engineering and Construction Contracts, Construction Law and Related Issues and Engineering and Construction Law. He holds the position of Adjunct Professor at the Centre for Mining, Energy and Natural Resources, Faculty of Law, University of Western Australia. He has practised as a Solicitor in Western Australia and as an Attorney and Notary Public in the Republic of South Africa. Philip is a Mediator, International Arbitrator and a Statutory Adjudicator in Western Australia and the Northern Territories, Australia. Philip is engaged in drafting and negotiating all forms of construction contracts and advice on all aspects of construction law including claims and disputes, and has considerable mega- project experience, including full-time involvement as in-house counsel on construction projects, (including contracts for marine structures and dredging), in the negotiations and legal department for the operator Chevron on the USD$54Bn Gorgon LNG project for five years, and for four years as in-house counsel for the EPC contractor Bechtel on the $37Bn Wheatstone LNG project. Phil has a B Comm LLB and attended the PMD at Harvard Business School, and subsequently the Executive Negotiation Program at Harvard. Philip serves on the Law Council of Australia /Law Society of Australia Construction and Infrastructure Committee and was awarded the Finance Monthly Law Award for Best Contract Lawyer 2017. Dr Charrett is a barrister, arbitrator, mediator, expert and dispute board member practising in technology, engineering and construction (TEC) disputes. Prior to joining the Victorian Bar, he worked as a solicitor at a large Australian law firm. His construction law briefs have included litigation, mediation, expert determination, facilitation of experts’ conferences, arbitration and membership of dispute boards. He is a member of the FIDIC President’s List of Adjudicators and a Fellow of the Chartered Institute of Arbitrators. He was named as Best Construction Law Practitioner, Australia 2016 by Business Worldwide Magazine. In 2019 and 2020 WhosWho Legal included him on their list of Thought Leaders – Construction, saying "Donald Charrett is looked on with enormous favour by sources for his vast experience in construction and engineering disputes". Prior to becoming a lawyer, he worked as an engineer for over thirty years, including twelve years as a director of a consulting engineering firm. Dr Charrett’s engineering experience included computer applications, structural design, managing engineering projects, acting as an expert witness and management roles in contract negotiation and administration, insurance, international joint ventures and corporate restructuring. From 2012 to 2014 he was non-executive chairman of consulting engineering company AMOG. Dr Charrett has published widely on legal and engineering subjects, and presented conference papers, workshops and training courses in Australia and internationally. He is a Senior Fellow at the University of Melbourne, teaching a Master of Construction Law subject on international construction law. His legal publications include articles on expert evidence, FIDIC contracts, dispute boards, dispute avoidance and resolution, contract risk, forensic engineering, contractual lessons from past projects, design and construct contracts, quantum meruit, solidary liability, construction insurance, professional indemnity insurance and reinsurance. He is the author of The Application of Contracts in Engineering and Construction Contracts, joint author of The Application of Contracts in Developing Oil and Gas Projects and the editor of The International Application of FIDIC Contracts: A Practical Guide, and Global Challenges Shared Solutions.

Table of figures and tables Acknowledgements Foreword 1 Introduction 2 Contract law 3 Construction contracts 4 Lex Constructionis 5 Entry into the Contact 6 General provisions 7 The Employer 8 The Engineer 9 The Contractor 10 Subcontracting 11 Design 12 Staff and labour 13 Plant, materials and workmanship 14 Commencement, delays and suspension 15 Planning and programming for construction contracts 16 Tests On and After Completion 17 Employer's Taking-over 18 Defects after Taking Over 19 Measurement and evaluation 20 Variations and adjustments 21 Contract Price and payment 22 Termination by the Employer 23 Suspension and termination by the Contractor 24 Care of the Works and indemnities 25 Exceptional events 26 Insurance 27 Employers and Contractor's Claims 28 Dispute avoidance and resolution 29 The Impact of ICT on Construction Contracts 30 Glossary 31 Appendix A Matters for Consideration when drafting a construction contract 32 Appendix B Risk Factors 33 Appendix C Global claims 34 Index