Abstract
Coastal and maritime construction projects are fraught with risks associated with working in or around the sea. Common standard contracts such as those within the FIDIC Red Book do not adequately address the peculiarities associated with this unique environment. This paper will document the major areas of generic contractual risk and uncertainty with regard to coastal and maritime projects through review of literature, case law and other published disputes, as well as personal experience. Through identification and comparison of both the risks associated with these projects and the vulnerability within the standard FIDIC language, recommendations will be made for particular conditions to improve contract wording.Recorded Presentation from the vICCE (YouTube Link): https://youtu.be/1BkXEoaZZow
Highlights
Coastal and maritime construction projects are fraught with risks associated with working in or around the sea
Coastal and maritime projects are notorious for delay, cost overruns, poor quality workmanship, and disputes
One of the more common contracts recognized globally in the civil engineering field is the FIDIC Red Book, which is applicable where the Contractor constructs the works in accordance with a design provided by the Employer
Summary
Coastal and maritime construction projects are fraught with risks associated with working in or around the sea. Perhaps as a result of the plethora of risks without clear definition of responsibility, contracting parties to coastal and maritime projects tend to regard each other with suspicion. Contract administrators attempt to force unreasonable and irrational contractual clauses on unassuming parties to mitigate this risk.
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