Introduction

This chapter discusses the role and contribution of English construction law in the international construction market. English law is widely recognised for its attractiveness as one of the preferred governing laws in international commercial transactions.1 Construction law is no different. However, the impact of English construction law on the international market extends far beyond its adoption as the governing law of construction contracts. Within common law jurisdictions, legal concepts endemic to English construction law have spread internationally.2 This impact is attributable to the decisions of the English courts, particularly the Official Referees, established in 1873 and perhaps the first specialist construction court in the world, and its successor, the Technology and Construction Court (TCC).3 Alongside the development of this distinct body of case law and legal doctrine, English legal practitioners and English universities, with their international outlook and vocation, have played a key role in exporting English law solutions to construction law, also beyond common law jurisdictions.