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Delay Clauses in International Construction Contracts by Jacob C. Jørgensen

Delay Clauses in International Construction Contracts

by Jacob C. Jørgensen
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Book cover type: Hardcover
  • ISBN13: 9789041126726
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Kluwer Law International
  • Publisher Imprint: Kluwer Law International
  • Publication Date:
  • Pages: 362
  • Original Price: USD 206.0
  • Language: English
  • Edition: N/A
  • Item Weight: 726 grams
  • BISAC Subject(s): Construction

Delay clauses in construction contracts are notoriously inadequate when invoked. The inherent, evidentiary uncertainties surrounding the causes and effects of project delays render them not only difficult to resolve when a dispute arises, but also difficult to regulate contractually. It is not surprising, then, that the governing law of the contract often plays a role when it comes to interpreting and applying contractual clauses dealing with delays, such as liquidated damages clauses and time extension clauses. And in many jurisdictions the governing law, while asserting the parties' right to contractual freedom, in fact fully or partly disables such clauses by restraining the employer's right to claim liquidated damages or imposing unfair contract terms rules.

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