1st Edition
FIDIC Contracts in the Americas A Practical Guide to Application
FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction.
FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction.
This book is essential reading for construction professionals, lawyers and students of construction law.
List of Figures and Tables
Acknowledgements
Foreword
About the Editor
List of Contributors
Table of Cases
Table of Legislation
- Introduction by Dr Donald Charrett
- The FIDIC Golden Principles by Dr Donald Charrett
- Preparation of Particular Conditions by Dr Donald Charrett
- Bolivia by Claudia Andrea Lopez Monterrey and Polina Chtchelok
- Brazil by Thiago Fernandes Moreira and Caio Gabra
- Canada by Sharon Vogel
- Chile by Dr Elina Mereminskaya, Alex Wagemann and Fernando Landeros
- Ecuador by Dr Mario Alejandro Flor, Juan Carlos Herrera-Quenguan and Alejandro Pérez
- Mexico by Roberto Hernández García and Juan Pablo Sandoval
- Peru by Jaime Gray, Jonnathan Bravo and Guillermo Alarcon
- United States by Joe Moore
- Uruguay by Dr Jose Luis Echevarria Petit
- Glossary by Dr Donald Charrett
- Index
Biography
Donald Charrett is a barrister, arbitrator, mediator, expert and dispute board member practising in technology, engineering and construction (TEC) disputes. He is a member of the FIDIC President’s List of Adjudicators and a Fellow of the Chartered Institute of Arbitrators. He was named as Best Construction Law Practitioner, Australia 2016 by Business Worldwide Magazine. His legal publications include articles on expert evidence, FIDIC contracts, dispute boards, dispute avoidance and resolution, contract risk, forensic engineering, contractual lessons from past projects, design and construct contracts, quantum meruit, solidary liability.
Donald Charrett has written a must-read primer for anyone in construction law, considering the current reality in the construction industry worldwide. The new FIDIC Contracts in the Americas is undoubtedly a delightful guide full of important information for those who want to manage contracts in different jurisdictions and realities. By far, this book will set trends for future project execution in Latin America.
Rodrigo Hernández Riquelme, BSc, MSc, LLM, PgD, Associate Director J.S. HELD [Chile], Board Member of the Chilean Society of Construction Law
For decades FIDIC Contracts have been the gold standard for international construction agreements. As such, a comprehensive guide to FIDIC Contracts in the Americas it is greatly welcomed. This addition to the series is accessible, practical, and should immediately become an indispensable part of every construction practitioner’s library.
Chris Fladgate FCIArb, Managing Partner, Garson, Ségal, Steinmetz, Fladgate LLP
Donald Charrett is a multifaceted professional - barrister, arbitrator, mediator, expert and dispute board member - and a prolific author of important articles and books on International Construction Law. In this his most recent work, Donald presents us with the coordination of a comprehensive guide on the use of FIDIC contracts in the Americas, with the participation of renowned lawyers, engineers and architects. The book "FIDIC Contracts in the Americas: Practical Legal Guides for Construction and Technology Projects" is necessary work for professionals and students, as well as for everyone who seeks to understand the increasing importance of FIDIC contracts in the Americas and the rest of the world.
Júlio César Bueno, Partner Pinheiro Neto Advogados Brazil
