Out this title International turnkey construction projects are often complex transactions, requiring correspondingly complex legal documentation. Moreover, many such major construction projects are an important element in international development, and it is vital that the arrangements put in place be durable, clear and equitable.
The ICC Model Turnkey Contract for Major Projects provides contractors and employers with a unique, balanced platform that is fair to all parties. At the same time, the model accommodates the desire of all parties for price and scope certainty, the need for swift and effective dispute resolution, and the need for complete and informed allocation of risks.
“As the ICC represents all parties to international business transactions, the model turnkey form has to be fair to all parties. It achieves this balance, amongst other ways, by making obligations bilateral where it is sensible to do so.” -- Robert Knutson - Chartered International Arbitrator and UK Solicitor, MPhil Construction Law, MSc Construction Law and Arbitration, LLM International Law.
“The ICC Major Projects Contract is (…) an excellent model of a modern international turnkey contract based on an equilibrium of the rights and obligations between the employer and contractor, and a balanced risk allocation.” -- Herfried Wöss (as published in Construction Law International Volume 3 No. 2 June 2008.) - Herfried Woess is a partner with Wöss & Partners, Mexico. As a multi-jurisdictionally trained lawyer, he is an expert in international dispute settlement and representative of the Dispute Resolution Board Foundation of the International Bar Association, London.
| Code ISBN : | 978-92-842-1340-5 |
| Number of pages : | 110 |
| Publishing date : | 2007 |
| Language : | English |
| Format in cm : | 20,9 x 29.7 |
Chapter 1 GENERAL AND PRELIMINARY ARTICLES
Chapter 2 THE PARTIES’ OBLIGATIONS
Chapter 3 THE EXECUTION OF THE CONTRACT
Chapter 4 DESIGN – RESPONSIBILITY AND MANAGEMENT; VARIATIONS
Chapter 5 COMMENCEMENT; THE TIME TO TAKING-OVER SCHEDULING AND PROGRESS
Chapter 6 CONTRACT PRICE AND PAYMENT
Chapter 7 COMPLETION AND TAKING-OVER OF THE WORKS BY THE EMPLOYER
Chapter 8 DEFECT CORRECTION PERIOD
Chapter 9 ALLOCATION OF RISK AND RESPONSIBILITY AND EXCLUSIONS FROM LIABILITY
Chapter 10 FORCE MAJEURE AND TERMINATION OF THE CONTRACT
Chapter 11 INSURANCE
Chapter 12 MISCELLANEOUS PROVISIONS
Chapter 13 CLAIMS, DISPUTE RESOLUTION AND ARBITRATION
International turnkey construction projects are often complex transactions, requiring correspondingly complex legal documentation. Moreover, many such major construction projects are an important element in international development, and it is vital that the arrangements put in place be durable, clear and equitable.
ICC has prepared this model international turnkey contract for use in major projects, in order to provide contractors and employers with a unique, balanced platform that is fair to all parties. At the same time, the model accommodates the desire of all parties for price and scope certainty, the need for swift and effective dispute resolution, and the need for complete and informed allocation of risks.
The form is equally intended for use in public and private contracts whether tendered or individually negotiated, as a part of the “BOT” project documentation, and in externally financed projects. This model contract, one of a successful series produced by ICC’s Commercial Law and Practice Commission under the chairmanship of Fabio Bortolotti (Italy), has benefited from the active participation of the following members of the Major Project Turnkey Group, co-chaired by Mr Bortolotti and Robert Knutson (UK):Frances Alderson (UK), Stephen Bailey (France), John Bannerman (UK), Mireille Bouzols- Breton (France), Erik Dormaar (Netherlands), Eric Eggink (Netherlands), Jürg Gassmann (Switzerland), Joachim Goedel (Germany), Francine Gurral (France), Günther Horvath (Austria), Joseph Huse (US), Bengt Kriström (Sweden), Hans- Volkhard Lempp (Germany), Volker Mahnken (Germany), Pier Francesco Meneghini (Italy), Charles Shankland (France), Isabelle Smith Monnerville (France), and Meinolf Vigener (Germany). Administrative support was provided by ICC Secretariat staff: Jonas Astrup, Emmanuel Jolivet, Emily O’Connor and Corrine Truong.