The differing legal approaches applied for liquidated damage clauses in construction contracts under the civil law and common law legal systems within an international environment

The differing legal approaches applied for liquidated damage clauses in construction contracts under the civil law and common law legal systems within an international environment

The overall topic of the paper is based around construction Law, and in particular Liquidated Damages and their differing applications in both civil and common law internationl jurisdictions. This chapter will be a review the role of liquidated damages under The International Federation of Consulting Engineers (FIDIC) suite of contracts, and how these agreements and liquidated damage claims in construciton are still at the mercy of the international local & domestic law within the country in which a dispute may arise. This chapter should pay particualr attention to Liquidated Damages clauses/claims, and how they are dealt with under both FIDIC, and the local/domestic law . This should include reference to relevant and prominent case law outlining how FIDIC has been set aside in favour of domestic law in an international environment under the both the Common and Civil Law legal systems. It should also provide a conclusion and recommendation, based on the findings.

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