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Delay clauses in construction contracts are notoriously inadequate when
invoked. The inherent, evidentiary uncertainties surrounding the causes and
effects of project delays render them not only difficult to resolve when a
dispute arises, but also difficult to regulate contractually. It is not
surprising, then, that the governing law of the contract often plays a role
when it comes to interpreting and applying contractual clauses dealing with
delays, such as liquidated damages clauses and time extension clauses. And in
many jurisdictions the governing law, while asserting the parties’ right to
contractual freedom, in fact fully or partly disables such clauses by
restraining the employer’s right to claim liquidated damages or imposing
unfair contract terms rules. In this book well-known practitioners from twelve
countries that attract large-scale international construction projects
describe and analyse the interpretation and application of delay clauses under
the laws of their respective countries. In each of their presentations the
reader will find in-depth responses to the following questions:
• Is the employer required to demonstrate a loss in order to claim liquidated
• Can the employer claim damages for delay as an alternative or in addition to
a claim for liquidated damages?
• Under which circumstances can the employer defeat a clause limiting the
contractor’s liability for delays?
• Do interim delays trigger claims for liquidated damages?
• How are claims for liquidated damages calculated and enforced?
• Can the contractor claim a reduction of the employer’s claim for liquidated
• Under what circumstances can the contractor or the employer claim an
extension of an agreed time limit and who owns the ‘float’?
• How are concurrent delays dealt with?
• Does the law impose any notice requirements on the employer in regard to
claiming liquidated damages?
• Under which circumstances does a delay warrant termination of the
In addition, each author includes a brief description of the construction law
environment in his or her country and highlights pitfalls and advantages to be
aware of when dealing with a standard construction contract, such as the FIDIC
Red Book, in that country. As an eminently practical guide to relevant local
law for project managers, engineers, consultants and others concerned in the
administration and planning of major construction projects, this book will
prove to be a very welcome resource. It will also be very helpful to legal
advisors involved in the drafting and negotiation of major international
construction contracts and/or in dispute resolution proceedings.
About the Authors
Bulgaria by Galina Eneva
Canada by Gregory D. Hersen
People’s Republic of China by Karin Grauers & Michael Li
Denmark by Jacob C. Jørgensen
England and Wales by Anna Rabin
Germany by Stefan Illies
Hong Kong by Colin Cohen
Malaysia by Loong Caesar
New Zealand by Chris Moore & Nick Williams
Switzerland by Sylvie Cavaleri Jørgensen
United Arab Emirates by Adrian Cole
USA by Thomas M. Wolf & Robert J. Windle