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INTERNATIONAL CONSTRUCTION LAW

(INTENSIVE SUMMER COURSE)


ECTS: 10
Period: Spring semester 2015
Level: Master
Academic term:
Summer 2015
Maximum enrolment: 40
Language of instruction: English
Location: Aarhus
Primary programme: Master's Degree Programme in Law
Related educations : Master's Degree Programme in Business Administration and Commercial Law
Course provider: Department of Law
Course type:
STADS UVA code: 421132U012

Description of qualifications
Overview
International construction law is an area of law which is gaining increasing popularity. Participants in
large construction projects comprise employers, contractors, sub-contractors, suppliers, architects,
engineers, project managers, financial institutions, 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 Contracts. 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 students 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.

Target Group: Prior knowledge of construction law is not required. The course is suitable for bachelor
and master students in law, business and/or engineering and construction. The course is also suitable
for professionals, such as engineers, architects, contractors, project managers, who want to learn
more about construction law.
Objectives of the Course
The objective of this course is to enable students to gain basic knowledge and understanding of all
essential legal aspects related to the various stages of implementation of major international
construction projects. By completing the course students will have achieved a general legal
understanding of the FIDIC Conditions of Contracts and their application in both civil law and common
law countries. Students will acquire a legal basis that will enable them to conduct and communicate
legal analysis in relation to key topics in the field of international construction law. Moreover, by the
end of the course they will acquire enhanced problem solving skills when it comes to the settlement of
construction disputes. It is expected that the course will enhance the contract drafting skill of the
participants.

Contents
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. Different types of construction agreements
will be examined, focusing on the structure and the specifics of the construction projects. The focus of
the course will be on the FIDIC Conditions of Contract which are widely used internationally. The FIDIC
contract 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;

EU public procurement law in the context of construction agreements;

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.

Instructor
Dimitar Hristoforov Kondev
Guest lecturers

Hours - weeks - periods


Summer 2015: 22nd July - 14th August

Academic prerequisites
Prior knowledge of construction law is not required. The course is suitable for master students in law,
business and/or engineering and construction.

Forms of instruction
Classroom instruction

Comments on form of instruction


Teaching and Working Methods
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) and their operation against the
governing law of the contract.
The students 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. All students are required to read the course
materials prior to visiting class. Good preparation is needed in order to get a proper understanding of
the relevant international construction law practice. During the lectures the lecturer 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. For that purpose the students will be divided into groups, each of which will have to
present the case for one of the contracting parties or to act as an arbitration panel.

Exam details
Oral
Grading: External co-examination
Assessment: 7-point grading scale

Aid: Not defined

Literature
Course Literature
The book used as the basic textbook for the course is: Axel-Volkmar Jaeger and Gtz-Sebastian
Hk, FIDIC: A Guide for Practitioners, New York: Springer, 2009. This source is available as an
electronic book through the Aarhus University Library. Additional reading material will be uploaded on
Blackboard or will be handed out and referred to during the course.

Syllabus
Study programme
Prerequisites
Academic term
Summer 2015

Maximum enrolment
40