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This article reviews various court cases over the past 50 years and considers their influence on marine infrastructure contracts and the allocation of risk between contract parties. The establishment of case law and legal precedent is an ever-evolving process, it being dependent on claimants to put their disputes through the court process to seek the outcome they desire. It is often a long and costly process. The rise of adjudication in various common law jurisdictions and countries means that often disputes are resolved without recourse to the courts and various industry standard contracts have arbitration as the final and binding mechanism to resolve disputes.
In the past decade, there have been noteworthy advances in case law with respect to adverse physical conditions as well as the development and use of digital ground models that have become more widespread. This article looks at the development and changes in risk profiles that may result due to these two developments.
IADC signs major strategic collaboration agreement with FIDIC
The international dredging and maritime construction industry remains quite devoid of the use of mediation as a tool for Alternative Dispute Resolution. Mediation is outlined to broaden familiarity with mediation, increase confidence in the process, and inform about the benefits it can bring to the industry at large.
Contracts for dredging and offshore works are diverse. Moreover, increasing financial and/or managerial constraints require contracting parties to change the apportionment of commercial risk. Contractors and suppliers have to adapt to contracts that are chosen unilaterally by the owner. Turnkey and engineering, procurement, and construction (EPC) contracts are becoming more common in the industry and bring their own benefits and challenges.