Contracts for Infrastructure Projects : An International Guide to Application

Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars.

The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties.

It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.

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.