国际工程合同十大法律风险 .ppt

前提条件 Conditions Precedent * Conditions Precedent to entitlement What must the Contractor do to obtain entitlements? What is the consequence of failing to meet the conditions precedent? * John Bishop/庄本信 Onerous procedures to claim EOT and additional payment notice requirements level of proof * Hew Kian Heong/丘健雄 Notification of delay events/claims check if they are stated to be (a) condition precedents barring entitlement or (b) requirements, the failure to comply with which may prejudice extent of recovery. Try and avoid (a) type of clauses if possible. But in administering the contract, put in place proper notification procedures anyway as some countries laws will uphold Conditions Precedent clauses strictly. * Shourav Lahiri/肖瑞夫 工期延长与费用索赔 Extension of Time (EOT) and Cost Claims * EOT provisions When is the Contractor entitled to an EOT? If advising an Employer, is there a time at large risk? * John Bishop/庄本信 Limited right of Contractor to claim adjustment of Contract Price i.e. material cost escalation change of law unforeseen ground conditions currency fluctuation risk etc. * Hew Kian Heong/丘健雄 违约金与责任限额 LDs and Limitation of Liability * Liquidated Damages (LDs, for Delay and Performance) What is the level? Are they capped and if so at what level? Is it an exclusive remedy? Are they capable of attack under the local law? * John Bishop/庄本信 Caps on and exclusions from liability and grounds for breaching cap Is there a cap? What liabilities are excluded (e.g. consequential losses)? Are the cap and exclusions enforceable under the local law? When can the caps be breached? * John Bishop/庄本信(Cont’d) Whether the contract has limits of liability on LDs (delay and/or performance) and overall limit on liability. * Hew Kian Heong/丘健雄 设计责任 Design Responsibility * Unrecognised design risk/Employer Data If the Contractor has a design risk, is it what he expected? Does he have a hidden design risk (e.g. in the selection of plant and materials)? Is h