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Description of qualifications
Overview
International construction law is an area of law which is gaining increasing popularity. Participants in
large construction projects comprise employers, contractors, sub-contractors, suppliers, architects,
engineers, project managers, financial institutions, 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 Contracts. 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 students 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.
Target Group: Prior knowledge of construction law is not required. The course is suitable for bachelor
and master students in law, business and/or engineering and construction. The course is also suitable
for professionals, such as engineers, architects, contractors, project managers, who want to learn
more about construction law.
Objectives of the Course
The objective of this course is to enable students to gain basic knowledge and understanding of all
essential legal aspects related to the various stages of implementation of major international
construction projects. By completing the course students will have achieved a general legal
understanding of the FIDIC Conditions of Contracts and their application in both civil law and common
law countries. Students will acquire a legal basis that will enable them to conduct and communicate
legal analysis in relation to key topics in the field of international construction law. Moreover, by the
end of the course they will acquire enhanced problem solving skills when it comes to the settlement of
construction disputes. It is expected that the course will enhance the contract drafting skill of the
participants.
Contents
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. Different types of construction agreements
will be examined, focusing on the structure and the specifics of the construction projects. The focus of
the course will be on the FIDIC Conditions of Contract which are widely used internationally. The FIDIC
contract 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:
Governing law;
Sub-contractors;
Variations;
Securities;
Risk allocation;
Instructor
Dimitar Hristoforov Kondev
Guest lecturers
Academic prerequisites
Prior knowledge of construction law is not required. The course is suitable for master students in law,
business and/or engineering and construction.
Forms of instruction
Classroom instruction
Exam details
Oral
Grading: External co-examination
Assessment: 7-point grading scale
Literature
Course Literature
The book used as the basic textbook for the course is: Axel-Volkmar Jaeger and Gtz-Sebastian
Hk, FIDIC: A Guide for Practitioners, New York: Springer, 2009. This source is available as an
electronic book through the Aarhus University Library. Additional reading material will be uploaded on
Blackboard or will be handed out and referred to during the course.
Syllabus
Study programme
Prerequisites
Academic term
Summer 2015
Maximum enrolment
40