From the Editors – Construction Law International – June 2022

Dear readers,

We are pleased to introduce the June 2022 issue of Construction Law International.

We begin this edition with the first Co-Chairs’ column from Jean-Pierre van Eijck and Joe Moore, who took office in January 2022.

In this issue, we continue CLInt’s series of diversity and inclusion questionnaires with contributions from Marcel Tan Marquardt, Senior Legal Counsel at Laing O’Rourke, and Iryna Akulenka, Associate Director at HKA Dubai.

We also continue our ‘FIDIC Around the World’ series with insights on the use of FIDIC contracts in Ireland by Eoin Cassidy and Anne McCarthy; in Pakistan by Khawaja Hamid Mushtaq; and in India by Shri Venkatesh, Ashutosh K Srivastava and Jayant Bajaj. Gagan Anand also explains the key takeaways of new guidelines issued by the Indian Ministry of Finance concerning procurement and project management for public projects.

Next, Ngo Martins Okonmah provides a summary of the ICP-hosted webinar during Milan Arbitration Week 2022 on ‘Construction claims when asserted as an investment’, providing highlights of the presentations by Professor Pierre Tercier, Professor Troy Harris and Simon Hughes QC. In addition, Andrea Chao and Kiri Parr provide an update on FIDIC’s Task Group 17 and its work on a collaborative contract form to complement the existing suite of FIDIC contracts.

Moving to our feature articles, Emilio Linde-Arias, Juan Perri and Osinachi Nwandem take a look at the Geotechnical Baseline Report in the FIDIC Emerald Book, asking the question of whether this allows for a fair allocation of ground risks. Andrew Muttitt considers in detail clause 63.1 of NEC3 contracts, concerning the methodology for assessment of a contractor’s monetary compensation. Lastly, Ana Cândida de Mello Carvalho, Vice Chair, IBA Project Execution Subcommittee, Renan Frediani Torres Peres and Mariana Ferrão examine the legal framework for and use of dispute boards under government contracts in Brazil.

Finally, Wayne Jocic provides a review of the new edition of Contracts for Construction and Engineering Projects by Donald Charrett.

We thank all our contributors for their informative and thought-provoking articles, and we hope you will enjoy reading this edition.

As always, we invite and encourage all ICP members to share your experiences and insights by submitting your articles to editor@int-bar.org.

China Irwin
Committee Editor, IBA International Construction Projects Committee
LALIVE, Geneva
cirwin@lalive.law

Thayananthan Baskaran
Deputy Committee Editor, IBA International Construction Projects Committee
Baskaran, Kuala Lumpur
thaya@baskaranlaw.com