Concluding of International Construction Contracts

Abstract

International construction contracts are significant, especially because of the role they play in the manufacturing sector and technology, although legislation has not paid sufficient attention to them, it has remained among the so-called " unnamed" contracts, which has not special regulation from the legislator either at the national or international level. At the international level, the international system has not been interested in establishing a comprehensive regulation of the provisions of these contracts, and their termination in an international convention. It has also been the case with other international contracts, such as the sales contract and the contract of carriage, although the United Nations International Trade Commission (UNCITRAL) has developed a manual containing a set of guidelines for use by stakeholders in drafting construction contracts.

Moreover, the international construction contract has certain formulas for its conclusion and this is either by submitting the employer to a global tender at the level of different countries of the world in which there are contractors with certain experience and specialists in the quality of the activity related to the project to be established, the employer sets a date for the receipt of tenders with the documents to be attached to them, and the employer may resort to direct negotiation with one or more contractors to conclude a construction contract with one of them.

International contracts are characterized by their complex legal and technical nature. Therefore many of the disputes that arise especially in the stage of implementation are due to reasons of a technical nature and may result from the failure to face them immediately or promptly to exacerbate them and negatively affect the commercial relations between international contract parties.

What are the means to conclude the International Construction Contract?