The Projects and Construction Review - Edition 6

Júlio César Bueno
  • Editor:
  • Júlio César Bueno
  • Pinheiro Neto Advogados

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La meilleure façon d’être actuel, disait mon frère Daniel Villey, est de résister et de réagir contre les vices de son époque. Michel Villey, Critique de la pensée juridique modern (Dalloz (Paris), 1976).

This book has been structured following years of debates and lectures promoted by the International Construction Law Committee of the International Bar Association (ICP), the International Academy of Construction Lawyers (IACL), the Royal Institution of Chartered Surveyors (RICS), the Chartered Institute of Arbitrators (CIArb), the Society of Construction Law (SCL), the Dispute Resolution Board Foundation (DRBF), the American Bar Association’s Forum on the Construction Industry (ABA), the American College of Construction Lawyers (ACCL), the Canadian College of Construction Lawyers (CCL) and the International Construction Lawyers Association (ICLA). All of these institutions and associations have dedicated themselves to promoting an in-depth analysis of the most important issues related to projects and construction law practice and I thank their leaders and members for their important support in the preparation of this book.

Project financing and construction law are highly specialised areas of legal practice. They are intrinsically functional and pragmatic and require the combination of a multitasking group of professionals – owners, contractors, bankers, insurers, brokers, architects, engineers, geologists, surveyors, public authorities and lawyers – each bringing their own knowledge and perspective to the table. I am glad to say that we have contributions from four new jurisdictions in this year’s edition: India, Portugal, Saudi Arabia and Thailand. Although there is an increased perception that project financing and construction law are global issues, the local flavour offered by leading experts in 26 countries has shown us that to understand the world we must first make sense of what happens locally; to further advance our understanding of the law we must resist the modern view (and vice?) that all that matters is global and what is regional is of no importance. Many thanks to all the authors and their law firms who graciously agreed to participate.

Finally, I dedicate this sixth edition of The Projects and Construction Review to the International Society of Construction Law, a worldwide federation or alliance of national or regional Society of Construction Law (SCL) organisations that aim to foster the academic and practical legal aspects of the construction industry. We now celebrate the hosting of the International SCL’s Biennial Conference for the first time in Latin America (13 to 15 September 2016, in São Paulo, Brazil). I thank the leaders of SCL International for all their support in the organisation of this event.

About the Editor

Julio Cesar Bueno has been a partner at Pinheiro Neto Advogados since 2001. He is based in Sao Paulo and has considerable national and international experience focusing on the practice of construction law and engineering contracts (including the use of FIDIC standard forms), project finance, public procurement, as well on arbitration and mediation proceedings, and dispute boards.

He represents some of the world’s largest organisations (owners, multilateral agencies, financial institutions, contractors and developers) in their global infrastructure and construction projects located throughout Brazil and the rest of Latin America, and in Africa. He assists clients across the entire project spectrum and recent examples include gas facilities, power plants (nuclear, coal-fired, gas-fired, combined cycle and hydro), wind farms, steel manufacturing facilities, copper mining facilities, coal mining facilities and ports.

He is the president of the Brazilian Society of Construction Law. He is also a member of the board of directors of Region 2 of the Dispute Resolution Board Foundation, and acts as officer of the International Bar Association’s Latin American Forum. He is also a fellow of the Chartered Institute of Arbitrators and the Royal Institution of Chartered Surveyors. He is a fellow of the International Academy of Construction Lawyers, the coordinator of the Dispute Board Commission of the Center for Arbitration and Mediation (CAM/CCBC), a board member of the International Construction Law Association and a member of the Mediation and Arbitration Chamber of the Institute of Engineering of Sao Paulo and the Brazilian Institute of Civil Procedure Law.

He holds a law degree from the University of Sao Paulo Law School (LLB, 1991), a master’s degree from the University of Cambridge (LLM, 1995) and a doctorate from the University of Sao Paulo Law School (PhD, 2001). He has published several articles on matters relating to civil procedure law, energy, engineering contracts, infrastructure and construction law.

He is recommended in Who’s Who Legal (for construction, project finance and public procurement); Chambers Latin America (for construction and projects, and dispute resolution); IFLR1000, (for project finance); by Practical Law Company (for construction and projects); and Brazilian directory Análise Advocacia 500 (for construction and projects, dispute resolution and contracts).

Acknowledgements

The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

Preface

  • Júlio César Bueno
  • Pinheiro Neto Advogados

The Construction Industry and the Call for Concerted Action

  • Júlio César Bueno
  • Pinheiro Neto Advogados

International Project Finance

  • Phillip Fletcher and Andrew Pendleton
  • Milbank, Tweed, Hadley & McCloy LLP

Dispute Resolution in Construction Projects

  • Robert S Peckar and Denis Serkin
  • Peckar & Abramson PC

Relationship Contracting

  • Owen Hayford
  • Clayton Utz

A Guide to Alternative Project Delivery Systems

  • Maurice Masucci, Frank Giunta and David Price
  • Hill International Inc

Argentina

  • Pedro Nicholson
  • Estudio Beccar Varela

Australia

  • Matt Bradbury, David Gilham, Kristen Podagiel, Jennifer Turner, Adam Wallwork, Liam Davis and James Arklay
  • McCullough Robertson

Belgium

  • Rony Vermeersch
  • Stibbe

Brazil

  • Júlio César Bueno
  • Pinheiro Neto Advogados

Canada

  • Ian Bendell, Andrew Burton, Bruce Darlington, Lana Finney, David Foulds, Howard Krupat, Elizabeth Mayer, Mitchell Mostyn, Natasha Rana and Sean Tyler
  • DLA Piper (Canada) LLP

China

  • Zhu Maoyuan and Zhang Jiong
  • Zhong Lun Law Firm

Colombia

  • Carlos Umaña, María Luisa Porto and Juan Martín Estrada
  • Brigard & Urrutia

Denmark

  • Peter Wengler-Jørgensen and Maygan Mike Lundgaarde
  • Plesner Law Firm

France

  • Paul Lignières, Mark Barges, Darko Adamovic and Marianna Frison-Roche
  • Linklaters LLP

Germany

  • Rouven F Bodenheimer and Claus H Lenz
  • LLS Lungerich Lenz Schuhmacher Rechtsanwälte

India

  • Sunil Seth and Vasanth Rajasekaran
  • Seth Dua & Associates

Ireland

  • Conor Owens, Michael Kennedy and Fergal Ruane
  • Maples and Calder

Japan

  • Tetsuya Itoh, Reiji Takahashi, Kenichi Yamamoto and Tetsuro Motoyoshi
  • Anderson Mōri & Tomotsune

Nigeria

  • Stella Duru
  • Banwo & Ighodalo

Portugal

  • Manuel Protásio, Teresa Empis Falcão and Frederico Quintela
  • Vieira de Almeida & Associados RL

Qatar

  • Andrew Jones, Zaher Nammour and Sarah Sage
  • Dentons

Saudi Arabia

  • Abdulrahman M Hammad
  • Hammad & Al-Mehdar Law Firm

Spain

  • José Guardo, José María Barrios, Albert Mestres and Alejandro León
  • Clifford Chance

Switzerland

  • Thomas Mueller-Tschumi and Francis Nordmann
  • Walder Wyss Ltd

Thailand

  • Chaipat Kamchadduskorn
  • LS Horizon Limited

Turkey

  • H Ercument Erdem
  • Erdem & Erdem Law Office

United Kingdom

  • David Brynmor Thomas and Samar Abbas
  • 39 Essex Chambers

USA

  • Carolina Walther-Meade, Karen Wong, Henry Scott and Miguel Duran
  • Milbank, Tweed, Hadley & McCloy LLP

Uruguay

  • Beatriz Spiess
  • Guyer & Regules

Venezuela

  • Pedro Ignacio Sosa Mendoza, Pedro Luis Planchart and Rodrigo Moncho Stefanit
  • AraqueReyna

Vietnam

  • Nguyen Trung Nam
  • EPLegal Limited

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