China is one of the biggest construction markets in the world. The Beijing 2008 Olympics, the Shanghai 2010 World Expo, the Western Development Strategy and National Housing Reform all provide enormous opportunities for foreign companies interested in China's construction industry. This construction boom is likely to continue in the foreseeable future as China builds and improves its infrastructure.
CCH's "PRC Construction Law - A Guide For Foreign Companies" will help foreign construction firms, engineering and design companies, international real estate companies, multinational corporations intending to build factories, and production facilities in China to gain a comprehensive understanding of Chinese construction law. It covers almost every important elements of the PRC construction law, including an introduction to Chinese land law, construction quality and safety regulations, tender law, how to set up a WFOE or CJV construction firm in China, how to gain access to China's construction market, as well as issues concerning construction contract and construction disputes.
In this book, Mr. Howlett includes an in-depth commentary on the PRC Construction Law plus the relevant legislation (in the ‘legislation section' of the book). All statutes provided are bilingual (i.e. original Chinese text with English translation) for easy reference. The Book not only sets out the substantive law, but also provides practical guidance on common issues faced by foreign companies in the construction industry.
Main Topics Covered:
1. Introduction to Chinese Construction Law
construction in China
construction law in China
changing nature of the international construction industry
2. The Contract Law and its impact on Construction Contracts
1. fundamental principles of contract law
2. performance/breach of contract
3. termination of contract/effect of termination
4. foreign-related contracts
3. Chinese land law and its interaction with the construction process
1. land ownership
2. land use rights
3. real estate development
4. The Construction Law
1. scope of construction activity
2. construction licensing
3. qualification of contractors
4. obligations of main contractors, subcontractors, survey and design institutions
5. supervision and management of construction projects
5. The Construction Quality and Safety Regulations
1. scope of construction quality and safety regulations
2. qualities responsibilities of owners and developers
6. The Tender Law
1. scope of application/types of tender in China
2. compulsory tendering
3. tendering agencies
4. restrictions on assigning and subcontracting tender work
7. Structuring Foreign Investments in China
1. regulatory environment
2. special features of FIEs
3. structuring an investment in China - procedural steps, legal due diligence
8. Access to the China construction market for foreign contractors, designers, project managers and consultants
1. governing laws
2. application for establishment, approval process and authorities, documentation, skill qualification/experience requirements, minimum registered capital, scope of operation, tax and customs registration etc.
9. Common issues for Foreign Owners, Contractors and Designers in China
1. use of standard form contracts, choice of law, restrictions on sub-contracting, project management and supervision, bonds and guarantees, exclusion/limitation of liability, defects liability, consequential loss etc.
10. Construction Disputes
2. civil litigation
3. supreme people’s court interpretation of construction disputes
1. Contract Law
2. Construction Law
3. Tender Law
4. Urban Planning Law
5. Urban Real Estate Administration Law
6. Administrative Regulations on Urban Real Estate Development and Operation
7. Land Administration Law
8. Implementing Regulations for the Land Administration Law
Ashley Howlett, is a partner with Jones Day and leads the Jones Day Greater China construction practice. Based in the Beijing office, his practice primarily deals with construction and engineering issues connected with real estate, infrastructure and major projects. His expertise includes all aspects of design and construction process, i.e. drafting and negotiating contract documentation, project consultancy, dispute avoidance and dispute resolution by way of mediation, structured negotiation, arbitration, and litigation. He is one of only two lawyers in China chosen by the prestigious "International Who’s Who of Construction Lawyers."
Please briefly describe the main laws that govern real estate in your jurisdiction.
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