International Construction Law Review
BOOK REVIEW - STUDIES IN EUROPEAN CONSTRUCTION LAW
Nicholas Gould
Partner, Fenwick Elliott LLP and Visiting Professor, King’s College London
Studies in European Construction Law. Monika Chao-Duivis et al. European Society of Construction Law, 2015. ISBN: 978-94-6315-007-1. 766pp. €95, £75.
If you have been looking for a publication that compares key topics of construction law across much of the European Union then this is the perfect book for you. The European Society of Construction Law has gathered together many collaborators from the 12 major European jurisdictions to review particular aspects of construction law. This is extremely helpful, as it is often possible to look up laws related to the EU in different jurisdictions. However, identifying specific aspects that relate to particularly construction law issues is not always easy. This book is, therefore, a welcome addition to any construction lawyer’s bookshelf, particularly as cross-border contracts in Europe are becoming increasingly common. The 12 jurisdictions covered are:
| 1. Belgium | 7. Netherlands |
| 2. Denmark | 8. Romania |
| 3. France | 9. Slovak Republic |
| 4. Germany | 10. Sweden |
| 5. Greece | 11. Switzerland |
| 6. Italy | 12. UK |
A section of around 40 to 50 pages is dedicated to each jurisdiction. Twelve main topics are then considered in each section, which are further broken down under specific headings which answer a list of common questions relating to construction law. This makes it easy to compare one country to another. For example, if you want to know whether an employer has the right to suspend or terminate part or all of the works in any of the 12 jurisdictions then just consider question 7.1.4 in each section. It is easy to locate the answer to many specific topics, and to compare one jurisdiction to another. This is no doubt due to the care of the special editors, Philip Britton (of King’s College London), Frances Paterson and Hugo Strang, who were charged with the task of ensuring consistency across the sections provided by the many collaborators.
The obligations of the employer and contractors are considered by reference to traditional procurement, design and build, build-own-transfer and design-build-finance-maintain-operate. Reference is made to the standard form contracts that are common in each jurisdiction. Comparisons can be made between the types of standard form contract in use in relation
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