Introduction

28–001 The vast majority of legal literature generally discusses the “law” of construction contracts by first providing an overview of the parties’ freedom to choose the “governing” law1 of their contract followed by a discussion of the national courts in which the parties intend any disputes to be resolved [jurisdiction]. Such a line of review will then move onto discussing the choice of law, conflicts of law and international disputes resolution, in particular arbitration. These issues are of pertinent relevance to parties in construction contracts and there exists a plethora of legal literature relating to this legal topic; however, what about the operation of the mandatory law upon the construction contract? What issues ought parties to consider when dealing with the mandatory law of their construction project? In what manner does the mandatory law affect a party’s ability to claim delay and damages, or argue extension of time, for disruption claims? This chapter will endeavour partly to fill the “black hole” in construction law literature on mandatory laws in construction contracts, by providing a brief overview of the significance of mandatory law and how such law affects the operation of construction contracts under various legal “families” around the globe.