1.

Legal framework

1.1

Which legislative and regulatory provisions govern construction projects in your jurisdiction?

1.2

What other legislative and regulatory provisions have relevance for construction projects in your jurisdiction?

1.3

Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have?

1.4

What is the general approach in regulating the construction sector?

2.

Procurement methods

2.1

What procurement methods are most commonly used in your jurisdiction? Do these vary depending on whether international parties are involved?

2.2

What are the advantages and disadvantages of these different methods?

2.3

What other factors may influence the choice of procurement method?

3.

Project structures

3.1

How are construction projects typically structured in your jurisdiction? Does this vary depending on whether international parties are involved?

3.2

What are the advantages and disadvantages of these different structures?

3.3

What other factors may influence the choice of project structure?

4.

Financing

4.1

How are construction projects typically financed in your jurisdiction? Does this vary depending on whether international parties are involved?

4.2

What are the advantages and disadvantages of these different structures?

4.3

What other factors may influence the choice of financing structure?

4.4

What types of security and other protections are available to lenders to safeguard their position?

4.5

What law typically governs project finance agreements in your jurisdiction? Do any specific requirements apply in this regard?

5.

Bribery and corruption

6.

Standard form contracts

6.1

Which standard form contracts are typically used for construction projects in your jurisdiction? Does this vary depending on whether international parties are involved?

6.2

What are the advantages and disadvantages of using the different standard forms?

6.3

What other factors may influence the decision to use standard form contracts and the choice of standard form?

6.4

Where standard form contracts are used, do parties typically modify their provisions?

7.

Contractual issues

7.1

Is a choice of foreign law or jurisdiction valid and enforceable? In the case of a choice of foreign law of jurisdiction, will any provisions of local law have mandatory application?

7.2

What formal, substantive and procedural requirements typically apply to construction contracts in your jurisdiction? Are there any mandatory terms? What terms are typically included? Are any terms prohibited?

7.3

How is risk typically allocated between the parties? What steps can the parties take to mitigate these risks?

7.4

How can liability be excluded or restricted in your jurisdiction? Are parties able to cap their liability?

7.5

In the event of delay to the project, what consequences will this typically have for the parties?

7.6

Is the concept of force majeure recognised in your jurisdiction? If so, what are the typical implications for the parties?

7.7

What scope do the parties typically have to make material variations to the works?

7.8

Are there any particular requirements for completion or taking-over in your jurisdiction?

7.9

What requirements and restrictions typically apply to the termination of the construction contract in your jurisdiction?

7.10

How are delay or liquidated provisions dealt with in your jurisdictions?

8.

Subcontractors and suppliers

8.1

Are there any particular issues which arise when dealing with subcontracts and/or subcontractors which are different from the issues discussed elsewhere?

8.2

Are there nominated subcontractors in your jurisdiction?

9.

Payment

9.1

Are there any statutory or other requirements which govern how parties are paid?

9.2

Are ‘pay when paid’ clauses valid? In what circumstances?

9.3

How are retentions typically dealt with?

10.

Health and safety

10.1

What key health and safety requirements apply to construction projects in your jurisdiction?

10.2

What reporting requirements apply with regard to construction site accidents in your jurisdiction?

10.3

What are the potential consequences of breach of these requirements – both for the contractor itself and for directors, managers and employees?

10.4

What best practices in relation to health and safety should construction contractors consider adopting in your jurisdiction?

10.5

Which bodies are responsible for enforcement of health and safety obligations?

10.6

What is the general approach in regulating the construction sector from a health and safety perspective?

11.

Environmental and sustainable development issues

11.1

What environmental authorisations are required for construction projects in your jurisdiction? Do these vary depending on the type of project or the location of the site?

11.2

What is the process for obtaining environmental authorisations?

11.3

What environmental requirements must the contractor observe while the site is operational?

11.4

What are the potential consequences of breach of these requirements – both for the contractor and for directors, managers and employees?

11.5

What environmental requirements apply to new buildings?

11.6

Which bodies are responsible for enforcement of environmental obligations?

11.7

What is the regulators’ general approach in regulating the construction sector from an environmental perspective?

11.8

What is the impact of Net Zero in your jurisdiction?

12.

Insurance

12.1

What types of insurance arrangements - whether compulsory or optional - are typically put in place for construction projects in your jurisdiction?

12.2

If local insurance is required, can local insurers assign reinsurance contracts in your jurisdiction?

12.3

Is it possible to obtain insurance for fitness for purpose design obligations?

12.4

What other forms of insurance feature in construction projects in your jurisdiction?

13.

Employment

14.

Tax

14.1

What issues must be considered from a taxation perspective in relation to construction projects in your jurisdiction?

14.2

Are any exemptions or incentives available to encourage construction in your jurisdiction?

14.3

What strategies might parties consider to mitigate their tax liabilities in the construction context?

15.

Technology

15.1

How is Building Information Management (BIM) dealt with in your jurisdiction? Does the government mandate any particular BIM standards or other requirements?

15.2

Are smart contracts used in your jurisdiction? Are there any special restrictions or regulations?

15.3

What developments in digital technology do you see having a major impact on the construction industry?

16.

Disputes

16.1

In which forums are construction disputes typically heard in your jurisdiction?

16.2

What issues do such disputes typically involve?

16.3

How are disputes typically resolved?

16.4

Is the use of alternative dispute resolution common and/or encouraged by legislation or the courts?

16.5

Is the use of dispute boards common in your jurisdiction?

16.6

Have there been any recent cases of note?

17.

Trends and predictions

17.1

What has been the impact of the COVID-19 pandemic on construction in your jurisdiction?

17.2

How would you describe the current construction landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

18.

Tips and traps

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