Power indicators in international construction law and key national differences

Mason, Jim

Abstract

Construction law practice varies greatly between different jurisdictions and within the civil/common law traditions. A degree of commonality is discernible around the two dominant principles of freedom to contract and pacta sunt serva. Less uniformity is encountered at the practice based level where widely different approaches are taken to tackle common problems. The literature reviewed in this work explores twelve international construction law practiced and discusses their application in selected jurisdictions in which they feature. The hypothesis examined is that differences in approach are not, as might be expected, to be found along the civil/common law divide but instead can be analysed in terms of the power balance in the countries involved. The practices are measured against a scale indicating the extent to which they can be deemed pro-client or pro-supply side. The paper concludes by presenting a table where three national results on the occurrence of the practices are compared. The findings re-inforce the importance of cultural aspects as reflected in the comparative practices covered and the further moves which are possible toward international harmonisation of construction law practice.

• Journal Article Type: Article
• Deposit Date: Jul 13, 2017
• Peer Reviewed: Peer Reviewed
• Keywords: international construction law, construction contracts, risk
• Public URL: https://uwe-repository.worktribe.com/output/902701
• Publisher URL: http://www.emeraldgrouppublishing.com/ijlbe.htm
• Contract Date: Aug 1, 2017