This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.
The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.
Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.
Though not an academic book, due to its unique blend of practitioners insight and academic theory, it can be taught on Masters courses. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs at both graduate and postgraduate levels. Lawyers will find the book useful in helping them to understand the business context in which their customers and/or colleagues work. Contents
International Contracting: Defining the Playing Field:
o International Contracting: How a Project Can Turn into a Nightmare
o The Role of Contracting in International Contracting
o The Client
o Contract Management: Definitions, Concepts and Perspectives
The Contracting Cycle:
o From Tender to Final Payment
o European Tendering
o Downstream Contracting: Managing Suppliers and Subcontractors
o Contract Models in International Contracting
Project and Risk Management:
o Risk Management in Projects
o Managing Variations in Contracts
Legal Issues in International Contracting:
o Letter of Intent and Memorandum of Understanding
o Signing the Contract Pitfalls
o Liability Versus Responsibility
o Guarantees and Warranties
o Contract Law and Tort Law
o Consequential Losses
o Intellectual Property
o Damage and Causality
o Knock-For-Knock Arrangements
o Disasters, Damage and Public Investigations
o Force Majeure
o Bribery
o Dispute Resolution Mechanisms
o Different Legal Systems
o Cultural Differences and Contract Management
Author/Editor Details
John van der Puil, TiasNimbas Business School, Tilburg, the Netherlands
Arjan van Weele, Eindhoven University of Technology, the Netherlands