In this newsletter you can find:

• Chairman's Note
• The Society of Construction Law: Revision of liquidated damages and impact(s) of good faith on delay analysis
• Book: International Construction Law - An Overview
• Deutsche Gesellschaft für Baurecht, Arbeitskreis Internationales Baurecht
• ESCL Conference 2024 in Antwerp

Chairman's Note

Dear Members of the European Society of Construction Law (ESCL),

I hope this message finds you well and thriving. As we navigate the complexities of the construction law landscape, I wish to bring to your attention several pivotal events and publications that promise to enrich our collective understanding and practices.

• The Society of Construction Law: Revision of Liquidated Damages and Impact(s) of Good Faith on Delay Analysis:
  Our journey begins on the 26th of March 2024, with an online event titled "Revision of Liquidated Damages and Impact(s) of Good Faith on Delay Analysis." This session, as the second installment in our International Knowledge Exchange series, will delve into the nuances of liquidated damages (LDs) under different legal frameworks, explore the practical implications of good faith in contractual obligations and rights, and examine how these principles influence delay analysis. Your participation will undoubtedly foster a deeper understanding of these critical issues.
• Book Announcement: International Construction Law - An Overview:
  We are also excited to announce the upcoming publication of "International Construction Law - An Overview," edited by Wolfgang Breyer. This comprehensive tome offers an in-depth exploration of international construction law across major jurisdictions, providing invaluable insights into various legal systems and contract law principles. From Germanic and Napoleonic codes to English common law and beyond, this publication is a must-read for anyone involved in international construction projects.
• ESCL Conference 2024 in Antwerp:
  Looking further ahead, we are delighted to invite you to the ESCL Conference 2024, set to take place in Antwerp, Belgium, from October 17th to 19th. This event promises to be a hallmark of our calendar, offering unparalleled opportunities for learning, networking, and professional growth. Please save these dates, and stay tuned for the program details.
• Deutsche Gesellschaft für Baurecht: Arbeitskreis Internationales Baurecht
  Moreover, I would like to highlight an additional event that may pique your interest: the working session of the Deutsche Gesellschaft für Baurecht, Arbeitskreis Internationales Baurecht, focusing on international construction contract topics. This session will be held on July 12th, 2024, in Würzburg.

As we look forward to these enriching experiences, I extend my heartfelt wishes for a vibrant spring and continued success in all your endeavors. May our paths of professional development and personal growth continue to intersect and flourish.

Warm regards,

Bastian Fuchs
Chairman of ESCL Council

The Society of Construction Law: Revision of liquidated damages and impact(s) of good faith on delay analysis

The Society of Construction Law will organise on 26 March 2024 at 12:00 noon London Time / 1:00 PM CET an online event regarding "Revision of Liquidated Damages and Impact(s) of Good Faith on Delay Analysis".

This is the second in the International Knowledge Exchange series and will consider:

• LDs and how they are open to revision under Civil Codes and contrast that with the common law position; then
• look at good faith in terms of what it may mean in practice in terms of rights and obligations (this will allow some discussion about relational contracts in English Law); then
• develop the good faith topic into what it may mean for delay analysis (for example, can good faith really influence late notification or give scope to argue that the Employer should have allowed re-sequencing of some of the Works so that overall delay was reduced).

The registration is done through the SCL website:

https://www.scl.org.uk/civicrm/event/info?reset=1&id=1441

Book: International Construction Law - An Overview

We would like to point out that a comprehensive publication on International Construction Law, edited by Wolfgang Breyer, will soon be published. The book is an in-depth analysis of international construction law from all the major jurisdictions of the world, alongside their relevant contract law principles, helping the reader to prepare for the complexity of an international construction project.

The book begins by introducing the major families of law, before looking at individual jurisdictions. Each chapter is written by an experienced legal professional operating in that region and covers subjects such as: taking over, defects liabilities, warranties, design issues, termination, bonds and guarantees, limitation of liability, and more. The systems included are:

• German civil system (Germanic code)
• French civil system (Napoleonic code)
• English common law system
• GCC countries civil law system (with emphasis on UAE, Qatar, Saudi Arabia, and Egypt)
• Nordic legal system
• Chinese civil system

Finally, the book will discuss the national standard construction contracts used in the differing legal systems and the widely used FIDIC contracts.

More information and the possibility to pre-order can be found here:

https://www.routledge.com/International-Construction-Law-An-Overview/Breyer/p/book/9781138945470#

ESCL Conference 2024 in Antwerp

The next ESCL conference will be held on October 17th, 18th and 19th 2024 in Antwerp, Belgium. We kindly ask you to save this date. 

Most of the planning has already been completed and we will send you the program soon.

Deutsche Gesellschaft für Baurecht: Arbeitskreis Internationales Baurecht

The working session of the Deutsche Gesellschaft für Baurecht, Arbeitskreis Internationales Baurecht, focusing on international construction contract topics. This session will be held on July 12th, 2024, from 9:00 AM to 4:00 PM in Würzburg.

For registration and inquiries, please contact winfried.grieger@t-online.de.

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Events

Events organised by the National Societies of Construction Law can be published on the ESCL Website or mentioned in the ESCL Newsletter. Send your events, with short description in English and a link to the event on your website to info@ibr.nl.

If you have any questions please contact:
dr. E.M. (Evelien) Bruggeman (Secretary of the ESCL)
E. (Ellen) Boomer-van der Ploeg
Dr. M. (Michael) Müller, Bakk. (Member ESCL Council)
Tel.: +31 - (0)70 3245544
E-mail: info@ibr.nl

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