The Q&A is part of the global guide to construction and projects. Areas covered include trends and significant deals, the main parties, procurement arrangements, transaction structures and corporate vehicles, financing projects, security and contractual protections required by funders, standard forms of contract, risk allocation, exclusion of liability, caps and force majeure. Also covered are material delays and variations, appointing and paying contractors, subcontractors, licences and consents, project insurance, labour laws, health and safety, environmental issues, corrupt business practices and bribery, bankruptcy and insolvency, public private partnerships (PPPs), dispute resolution, tax, the main construction organisations, and proposals for reform.Read More
By Justin L. Weisberg, K&L Gates, Chicago
The construction industry is currently on the precipice of substantial changes impacting all participants involved in the design and construction of modern projects. Economic volatility has resulted in significant pressure on all participants to increase efficiency and deliver projects at reduced costs. New technology, including BIM, is impacting the very responsibilities and interactions of project participants. Over the past decade, environmental and sustainable design considerations have gone from nonexistent to a driving factor in the design and construction of numerous projects.
While Design Bid Build (“DBB”) was historically the leading method of project delivery, progressive methods have made substantial gains over the last decade. Progressive project delivery methods include Design Build (“DB”), Construction Manager at Risk (“CMAR”), and Integrated Project Delivery (“IPD”). These progressive methods take advantage of construction expertise during the design phase of the construction project.