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Construction Consulting – International Contract Forms

Holloway Consulting is a Construction Consulting Firm providing services to law firms, public agencies, developers, owners, design professionals, construction managers, general and trade contractors, in both U.S. and Non-U.S. locations.

This page is for clients seeking to retain an expert to assist with International Construction Contracts:

Construction Consulting

International Contract Forms

In the United States, construction contracts are generally based on standard forms promulgated by industry trade associations such as the American Institute of Architects (AIA) or Associated General Contractors (AGC). It is likely that even when these forms are not specifically used, much of their language is. This gives participants in the U.S. design and construction process, and their counsel, a level of comfort and familiarity.

However, the standard form of contracts that designers and contractors use in the United States are not generally utilized on international projects. One of the most widely accepted standard forms of international contract is the Conditions of Contract for Works of Civil Engineering Construction (the Red Book), drafted by the Federation Internationale des Ingenieurs-Conseils (FIDIC). Other standard forms include those issued by foreign trade organizations such as European International Contractors; the Engineering Advancement Association of Japan, the Institute of Civil Engineers London and the Joint Contracts Tribunal.

International Contract Terminology

International contract terminology also differs from the AIA-type language that U.S. designers and contractors are familiar with. For example, the project is referred to as the “works”; a change order is a “variation”; and a certificate of substantial completion is known as a “taking over certificate.” The design professional has much more authority and discretion than in the U. S. construction industry. Also, to further complicate matters, in many international projects, the design professional is an employee of the owner.

Despite these differences, like any domestic project, a properly and well-negotiated contract is of great importance. Some foreign legal systems construe contract provisions in a very formalistic way. Therefore, participants must protect their interests by assuring that the construction contract contains express provisions regarding risk of loss, dispute resolution, and remedies for breach.

Read more here about our work on international contracts and projects

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Holloway Consulting
Construction Consultants and Expert Witnesses
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International : (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

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