Program Overview

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International Construction Law

The course will review the specific features of construction agreements that discern them from other types of commercial contracts. The focus of the course will be on the FIDIC Conditions of Contract which are the most widely used standard form of construction contract worldwide. The changes in the new 2017 FIDIC editions, as amended in 2022, will also be explained. The FIDIC contracts will be examined from both a civil law and a common-law perspective. Relevant case law will also be discussed. There will also be a moot arbitration hearing at the end of the course.

Course Content

More particularly, the following topics will be discussed during the course:

• Formation of construction contracts;
  • The process of creating a construction contract
  • Key elements of a construction contract
• Participants in construction projects;
  • Overview of the different parties involved in a construction project
  • Roles and responsibilities of each party
• Common delivery methods;
  • Explanation of different delivery methods used in construction projects
  • Advantages and disadvantages of each method
• Governing law and key differences between civil law and common law in relation to construction law matters;
  • Overview of the different legal systems
  • Key differences between civil law and common law
• The role of the Engineer;
  • Responsibilities of the Engineer in a construction project
  • Powers and duties of the Engineer
• Rights and obligations of the Employer;
  • Overview of the Employer's rights and obligations
  • Key responsibilities of the Employer
• Rights and obligations of the Contractor;
  • Overview of the Contractor's rights and obligations
  • Key responsibilities of the Contractor
• Design responsibility;
  • Explanation of design responsibility in construction projects
  • Key considerations for design responsibility
• Unforeseeable physical conditions;
  • Explanation of unforeseeable physical conditions
  • Key considerations for unforeseeable physical conditions
• Time for completion, delays, and claims for an extension of time;
  • Overview of time for completion and delays
  • Process for claiming an extension of time
• Defects liability;
  • Explanation of defects liability in construction projects
  • Key considerations for defects liability
• Taking over of the works;
  • Explanation of taking over of the works
  • Key considerations for taking over of the works
• Certificates;
  • Explanation of certificates in construction projects
  • Key considerations for certificates
• Remedies for breach of construction contracts, incl. termination;
  • Overview of remedies for breach of construction contracts
  • Process for terminating a construction contract
• Variations;
  • Explanation of variations in construction projects
  • Key considerations for variations
• Securities;
  • Explanation of securities in construction projects
  • Key considerations for securities
• Risk allocation;
  • Explanation of risk allocation in construction projects
  • Key considerations for risk allocation
• Force majeure;
  • Explanation of force majeure in construction projects
  • Key considerations for force majeure
• Claims procedure;
  • Overview of the claims procedure
  • Process for making a claim
• Dispute resolution procedure (dispute adjudication and arbitration.)
  • Explanation of dispute resolution procedures
  • Key considerations for dispute resolution

Description of Qualifications

Course Objective:

International construction law is an area of law which is gaining increasing popularity. Competition is more international than ever and knowledge in this specialized field of law is required throughout all stages of the construction supply chain. Participants in large construction projects comprise employers, contractors, sub-contractors, suppliers, architects, engineers, project managers, financial institutions, etc. These participants frequently come from different jurisdictions. In such cases, the use of domestic construction agreements is often inappropriate, and therefore parties often resort to the use of international standard form construction agreements, such as the FIDIC Conditions of Contract and NEC. Such a choice requires a new approach towards the understanding of construction law which is generally confined to the knowledge of local legislation and standard form domestic contracts applicable in the country where the subject is taught. This course in International Construction Law deals with the legal aspects arising out of the implementation of construction projects which have an international element. By completing this course the participants will have an excellent opportunity to gain a thorough understanding of this specialised area of law and its interaction with commerce in a time of globalization

Learning Outcomes:

At the end of the course the student is expected to be able to:

• Explain the legal implications concerning all major stages of construction projects as well as the role of international construction agreements and their application in different legal systems
• Analyse the legal regulation in the FIDIC books, including the 2017 FIDIC editions, as amended in 2022
• Explain the rights and obligations of the parties
• Conduct and communicate legal analysis in relation to key topics in the field of international construction law
• Explain the claim and dispute resolution procedures in international construction contracts

Other Information

ECTS

• 10

Level

• Master

Location

• Aarhus

Type of course

• Summer University

Primary programme

• Master's Degree Programme in Civil and Architectural Engineering

Related programmes

• Master's Degree Programme in Law
• Master's Degree Programme in Business Administration and Commercial Law

Department

• Department of Civil and Architectural Engineering

Faculty

• Technical Sciences

Maximum number of participants

• Maximum 40 participants.
  • 10 seats are reserved for international students and working professionals.
  • The remaining seats are distributed among eligible applicants based on the prioritization below.
  • The selection criteria is randomized draw:
    1. Aarhus University students in Civil and Architectural Engineering with specialization in Construction Management.
    2. Aarhus University students from primary program or related education (see course catalogue)
    3. Aarhus University students from any other study program
    4. Students from other Danish universities applying to take the course as a credit module as well as students nominated through an exchange agreement or other partnership agreement
    5. Free movers

Teaching

Forms of instruction

• Lecture and classroom instruction

Instructor

• Principal lecturer: Dr. Dimitar Kondev
  • Dr. Dimitar Kondev is an Associate working in the International Arbitration Group at White & Case LLP in Paris. Dimitar has experience in advising and representing clients in DAB and arbitration proceedings in relation to construction projects in Europe, Central Asia, Central America, South America, and East Africa. Dimitar is the author of the monograph “Multi-Party and Multi-Contract Arbitration in the Construction Industry” published by Wiley-Blackwell in 2017. Dimitar has acted as legal reviewer of the 2017 FIDIC suite of contracts, the FIDIC Emerald Book (2019), the FIDIC Green Book (2021), and the FIDIC Bronze Book (forthcoming publication). He is also a member of FIDIC Task Group 22 for the development of an EPCM Form of Contract.
• Guest lecturers:
  • Jakob B Sørensen
    • Jakob B Sørensen is a partner in the Danish law firm Holst, Advokater. Jakob has been involved in international construction projects for almost 40 years and in more than 50 countries worldwide.
    • Jakob has acted as friendly reviewer for FIDIC both for the three major books (Red, Yellow, and Silver) in and for the Short Form in .
    • Jakob is a certified mediator and today Jakob’s main areas of work are advisory work in relation to complex contracts (international construction and high-tech and ICT projects) and dispute prevention and resolution.
  • Alex Veopaseuth
    • Alex Veopaseuth is a Managing Director in Ankura’s Construction, Disputes and Advisory Practice based in Paris. He specialises in the delay analysis of complex construction projects, and regularly acts as independent expert in the context of claims preparation/defence, adjudications and arbitrations.
    • Alex’s session on Delay Analysis Techniques aims at raising awareness around delay analysis methods and applications. It covers planning and programming basics, delay analysis methodologies and practical challenges faced by delay experts.
  • Jacob Henriquez
    • Jacob Henriquez, FCIArb is a partner in the Dutch law firm Ploum. He is an experienced lawyer that handles complex matters in the Construction, Engineering, Infrastructure, and Offshore sectors, offering robust and knowledgeable representation across a broad range of topics. He has been involved in numerous FIDIC projects in the Netherlands, based on the FIDIC Red Book, Yellow Book, White Book and Silver Book. He is also one of the global editors of Construction Law International (since 2017). He is a visiting lecturer on International Construction Law and Dispute Resolution at the University of East Anglia (United Kingdom) and a visiting lecturer on Contracting Engineering Projects at TIAS School for Business and Society (NL).
  • Yann Schneller
    • Yann Schneller is a French lawyer and the founder of Darci, a law firm dedicated to the avoidance and the resolution of disputes in international construction projects.
    • Yann assists projects’ stakeholders on the full cycle of complex, high-value construction contracts to help the parties achieve project completion dispute free. He represents clients in international arbitration proceedings, both ad hoc and under the rules of major arbitration centres.
    • Further to his work as counsel, Yann regularly sits as arbitrator and dispute board member. A FIDIC Certified Adjudicator, Yann is included in FIDIC President’s List of Approved Dispute Adjudicators.
    • Having a passion for teaching, Yann has thus far delivered over 400 hours of training and lectures to construction professionals, in-house counsel, dispute resolution specialists, government officials and law-school students on topics related to international arbitration, the avoidance and resolution of construction disputes and the FIDIC Contracts. Yann is a FIDIC Certified Trainer.

Course coordinator

• Søren Wandahl
  • Institut for Byggeri og Bygningsdesign - Design and Construction

Examination

Form of examination

• Oral

Form of co-examination

• Internal co-examination

Assessment

• 7-point grading scale

Permitted exam aids

• Specified

Duration

• 20 minute(s)

Requirements for taking the exam

• None

Comments

• Only aids allowed for the exam are the two FIDIC Books (1999 and 2017 editions).

Literature

• Lukas Klee, International Construction Contract Law , 2nd edition, Chichester, West Sussex, Wiley-Blackwell, 2018

Teaching dates 2025

• 21 July - 1 August 2025

Exam date 2025

• 4-5 August 2025 (Oral exam, presence in Aarhus required)