Construction Arbitration

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Legal system

Contract formation

Choice of laws, seat, arbitrator and language

Implied terms

Certifiers

Competing causes of delay

Disruption

Acceleration

Force majeure and hardship

Impossibility

Clauses that seek to pass risks to the contractor for matters it cannot foresee or control

Duty to warn

Good faith

Time bars

Suspension

Omissions and termination for convenience

Termination

Completion

Liquidated damages and similar pre-agreed sums ('liquidated damages')

Assessing damages and limitations and exclusions of liability

Liens

Subcontractors

Third parties

Limitation and prescription periods

Other key laws

Enforcement of binding (but not finally binding) dispute adjudication board (DAB) decisions

Courts and arbitral tribunals

Expert witnesses

State entities

Settlement offers

Privilege

Guarantees

On-demand bonds

Further considerations

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