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International Construction Law Review

DEALING WITH UTILITIES DURING CONSTRUCTION IN MAJOR CITIES IN JAPAN

HIROSHI ICHIKAWA

Former Deputy General Manager, Nishimatsu Construction Co Ltd, Hong Kong Branch

SUMMARY

It is concluded that in Japan most of the risks for dealing with existing utilities during construction of public works by the government (central, local and their extra-departmental bodies) are, in principle, taken by the client and the contractor is not required to take such risks.
The various reasons why such risks are taken by the government may be found by reviewing the characteristics of the contract ordering system and the general concept of contracts for public works in Japan and the history of construction of underground railways.
This paper provides the author’s analysis to support these conclusions.

CHARACTERISTICS OF THE ORDERING SYSTEM AND CONCEPT OF CONTRACT FOR PUBLIC WORKS

The General Accounting Act, which was enacted in 1889 in principle, regulates all public works by the government and their extra-departmental bodies in Japan. Japan in those days, which is more than 100 years ago, could be considered an undeveloped country. It did not have sufficient modern infrastructure which would be essential for modernisation and development of such a country. Thus in order to achieve steady and faster development and modernisation it was obvious and important for the government and its related bodies to exercise strong initiatives in improving the infrastructure. The General Accounting Act in Japan was provided reflecting the concept that everything should be strictly led by public agencies . In the course of events, it is quite natural for the original ordering and contracting systems and procedures for public works to be provided by the government to use such concept.
It should be recognised that this concept of everything being led strictly by public agencies is not fully applicable in today’s Japan. Many similar infrastructure works are being carried out by private organisations. However, despite such a trend, it is obvious that the basic concept of public agencies leading is still fundamental not only in public agencies but also in the
[2001
The International Construction Law Review

486

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