INTERNATIONAL CONSTRUCTION LAW Summer course 27 July – 19 August 2016 Exam date: 23 August 2016

INTERNATIONAL CONSTRUCTION LAW Summer course 27 July – 19 August 2016

INTERNATIONAL CONSTRUCTION LAW International construction law is an area of law which is gaining increasing popularity. Competition is more international than ever and knowledge in this specialized field of law is required throughout all stages of the construction supply chain.

Participants in large construction projects comprise employers, contractors, sub-contractors, suppliers, architects, engineers, project managers, financial institutions, and 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. 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 the participants 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.

INTERNATIONAL CONSTRUCTION LAW

Date: 27 July – 19 August 2016

ECTS: 10 ECTS

Level: Master level

TARGET GROUP

The course is suitable and open for both students and practitioners in the field of law, business, engineering, construction and/or project management.

Prior knowledge of construction law is not required.

PRICE

AU students: Free Other students: 500 EUR Practitioners: 1200 EUR Books, material, meals, accommodation, etc. is not included

INTERNATIONAL CONSTRUCTION LAW Summer course 27 July – 19 August 2016

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. The focus of the course will be on the FIDIC Conditions of Contract which are widely used internationally. The FIDIC contracts 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; • 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.

TEACHING METHOD

The course will be taught in English. It is suitable for Bachelor’s and Master’s students in law, engineering, construction and/or construction management. The course is also suitable for professionals, such as engineers, architects, contractors, project managers, who want to learn more about construction law and the FIDIC Conditions of Contract. Prior knowledge of construction law is not required.

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”).

The participants 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. During the lectures the lecturers 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.

APPLICATION

AU students must apply through study service, contact swa@eng.au.dk for more information.

Practitioners must apply by email to swa@eng.au.dk

Deadline: 30. June 2016

COURSE LITERATURE

Main text book: Axel-Volkmar Jaeger and Götz-Sebastian Hök, FIDIC: A Guide for Practitioners, New York: Springer, 2009.

Additional reading: Will be handed out during course

INTERNATIONAL CONSTRUCTION LAW Summer course 27 July – 19 August 2016

INSTRUCTOR

Ph.D. Fellow, Aarhus University Denmark (until April 2016), LL.M., ‘Vrije Universiteit’ Amsterdam, MCIArb, Chartered Institute of Arbitrators, Attorney-at-law, Bulgarian Bar FIDIC Adjudicator BACEA National List

Dimitar is a lawyer specializing in construction law and dispute resolution. He has worked as a senior associate at one of the largest law firms in Bulgaria since 2006, where he has advised major domestic and international clients on all aspects and stages concerning the realization of large-scale construction projects based on both the FIDIC Conditions of Contract and bespoke contracts. Dimitar has written several articles for renowned international peer-reviewed construction law journals, and is the author of a monograph on ‘Multi-Party and Multi-Contract Arbitration in the Construction Industry’ (forthcoming in 2016).

A range of external instructors will accompany Dimitar in the course.

NAVITAS CAMPUS

Teaching and examination will take place at the NAVITAS campus in Aarhus. NAVITAS is the new Engineering hotspot in Aarhus.

Address:

NAVITAS campus Room 03.070 Inge Lehmanns Gade 10 8000 Aarhus C Denmark

Course value - 10 ECTS

Period - Summer 2016

Teaching hours - 48 hours in total Length - 27 July – 19 August 2015 Structure - Lectures and Case Studies (three sessions per week, each session comprising 4

hours; first week – two sessions of 4 hours each); - Participants’ presentations (3 hours) - Mock Arbitration Hearing (4 h for presentation plus 4 h for preparation) - Q &A Session (4 hours)

Assessment - Oral exam at the end of the course; Exam Date: 23 August 2016 - Lecturers may give home assignments or presentations (not graded)

Lecturers - Dimitar Kondev, AU - Jakob B. Sørensen (Holst, Advokater), and others

Literature - Axel-Volkmar Jaeger and Götz-Sebastian Hök, FIDIC: A Guide for Practitioners, New York: Springer, 2009

- Additional reading material will be handed out

COURSESTRUCTURE

Week Subject Reading(referencetothebook) LecturerWeek1 INTRODUCTION,LEGALSYSTEMS,INTERNATIONALSTANDARD

FORMAGREEMENTS

Lecture–4h(09:00-13:00)27July2016,Wednesday

- Generalintroductiontothecourse- Introductiontointernationalconstructionprojects- Legalsystems- ConflictofLaws- DevelopmentStages

Chapters1-3Pages1-79

DimitarKondev

Lecture+CaseStudies–4h(09:00-13:00)29July2016,Friday

- CommonDeliveryMethods- InternationalStandardFormConstructionAgreements- UnderstandingFIDICConditionsofContract- FIDICContractDocuments

Chapter5-7Pages83-176

JakobSørensen

Week2 PARTIES’OBLIGATIONS,ENGINEER,VARIATIONS,CERTIFICATES,DEFECTS

Lecture+CaseStudies–4h(09:00-13:00)01August2016,Monday

- Employer’sObligations- Contractor’sObligations- DesignResponsibility

Chapters8-10Pages177-219

DimitarKondev

Lecture+CaseStudies–4h(09:00-13:00)3August2016,Wednesday

- RoleoftheEngineer- ConstructionContractsandContractManagement- TimeforCompletion- Variations

Chapter11-13Pages221-281

DimitarKondev

NN

Lecture+CaseStudies–4h(09:00-13:00)5August2016,Friday

- Tests- Certificates- DefectsNotificationPeriodandDefectsLiability

Chapter14-16283-315

DimitarKondev

Week3 TERMINATION,RISK,CLAIMSANDDISPUTES,DISPUTE

ADJUDICATION,ARBITRATIONLecture+CaseStudies–4h(09:00–13:00)08August2016,Monday

- Termination- RiskandInsurance- Securities

Chapters17,19,20Pages317-324,335-356

JakobSørensen

Lecture+CaseStudies–4h(09:00–13:00)10August2016,Wednesday

- Discharge,FrustrationandForceMajeure- ClaimManagement- Disputes- DisputeAdjudicationBoardsandArbitration

Chapters18,21,22Pages325-333,357-416

DimitarKondev

Lecture+CaseStudies–4h(09:00–13:00)12August2016,Friday

- Disputes- DisputeAdjudicationBoardsandArbitration

Chapters21-22Pages357-416

DimitarKondev

Week4 MOCKHEARING Lecture+CaseStudies–4h(16:00–20:00)15August2016,Monday

- Participants’presentationofspecifictopics(groupworkrequired,topicstobeannounced)

MaterialstobeuploadedonBlackboard

DimitarKondev

Discussion–4h(09:00–13:00)16August2016,Tuesday

- MockArbitrationHearing–preparation NA DimitarKondev

MockHearing–4h(09:00–13:00)18August2016,Thursday

- MockArbitrationHearing NA NN

NN

DimitarKondev

Q&ASession–4h(09:00–13:00)19August2016,Friday

- Q&ASession- ClosingRemarks

NA DimitarKondev

Week5 EXAMINATION EXAMINATION(08:00-16:00=23August2016,Tuesday

- Oralexamination MaterialstobeuploadedonBlackboard

DimitarKondev