International Construction Law Review
BOOK REVIEW
HUMPHREY LLOYD
International Construction Contract Law. By Lukas Klee. Wiley Blackwell, an imprint of John Wiley & Sons, Ltd, Chichester, UK. 2015. ISBN 978-1-118-71790-5. Hardback. 432 pp. plus appendices (95 pp) and index. £74.90/€94.60 or as an E–book: £67.99/€84.9. (Prices for UK only).
Dr Lukas Klee is Head of Legal at Metrostav a.s. and Professor of International Construction Law at the Charles University, Prague. He has contributed a number of interesting articles to The International Construction Law Review.
Dr Klee has written the major part of this unusual and readable book. It is interspersed with about 50 “vignettes” from a large number of additional contributors. These “vignettes” are printed differently with a grey background. Some are quite informative but some are only anecdotal, albeit stimulating. (Some contributions evidently come from conferences.) The relationship between the main text and the subject of the “vignette” is not always clear. Although the organisation of the book is orthodox, the work cannot be characterised as an ordinary legal treatise. It does not come from a legal publishing house as there are no tables of legislation, cases or awards so it is unlikely to appeal to lawyers. There are numerous references to members of the FIDIC “Rainbow” suite of model contract conditions, but the relevant clauses are not always cited. (The author calls the Red Book “FIDIC CONS”.) The reader cannot easily find views on a given clause as a means of tracking down a subject as there is no table of clauses. The index is brief and not really adequate. The publishers do not appear to have proof read the work adequately. Citations, eg to papers in this Review, are not uniform, are frequently incomplete and sometimes incorrect.
The book begins with introductory chapters on international construction projects, the civil law and the common law, common delivery methods, the specifics of EPC and EPCM, and unification and standardisation in international construction. The work then moves to topics such as price, time, variations, claims, claim management. There is then a chapter on construction dispute boards. That chapter is followed by two chapters on contract conditions – the first on those published by FIDIC, the second on other forms – NEC, ICC, ENAA, IChemE, Orgalime, AIA and VOB. The sections on the latter five are based on the relevant websites. It is not clear why the AIA forms and VOB are covered as no indication is given of their use as international contracts. The discussion of the FIDIC model forms is limited and appears to be largely based on FIDIC’s own publications. There is no corresponding discussion of other organisations such as those which are representative of contractors or sub-contractors. After these diversions the book then returns to a relatively brief and selective consideration of risk and insurance. There is then another digression – “Risk in Underground
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