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Legal and Governance Aspects 3TU CME Delft Fred Hobma Real Estate & Housing
Relevance of Law (I) A building or infrastructure project can only be successful if (at least) three kinds of conditions have been met: • Technical conditions → technical soundness • Financial conditions → financial feasibility • Legal conditions → legal admissibility (public law) and correct contracting (private law)
Relevance of Law (II) • Preliminary stages, prior to construction, take a lot of time (even more than actual construction of the project) • Many problems of a legal nature occur during preliminary stages (air quality directives, habitat protection, procurement) and during construction (claims)
General The planning and construction of buildings and infrastructure is surrounded by many issues of legal nature: • Procurement and tender • Contracts • Permits The course is developed for students to get a better understanding of Construction Law because of their involvement on a management level where legal aspects have become a part of daily life
Educational Goals • Recognize relevant legal aspects and • Anticipate to legal aspects during the construction process • Estimate the weight and complexity of these aspects • Develop ideas to deal with these aspects and • Provide solutions for problems or conflicts resulting from these aspects • Understand options and solutions presented by legal experts
Lecturers • Prof. Monika Chao-Duivis • Loes Schutte-Postma • Fred Hobma
Approach Handling of topics as much as possible from an international viewpoint Specifically a European viewpoint: EU Law Typically: • first discussion of European Directive (in a certain field), • then discussion of Dutch implementation as example
Contents Legal • Contract Law (principles) • Dutch and FIDIC Conditions (traditional and integrated contracts/ppp/pfi) • European and Dutch Procurement Law • Arbitration and Dispute Review • Spatial Planning Law • European Environmental Law • Infrastructure Planning Law (TENs) • Land Assembly and development rights • Permits
Contents Governance • Overview of the market • Strategic role of actors in the construction process • Clients • Market structure, price determination, competition • Strategic behaviour of construction firms
Learning and Teaching Strategies • Lectures on the principles of Construction and Infrastructure Law (Dutch and International) • Case studies (Dutch and International) • Jurisprudence analysis • Individual Homework assignments
3TU co-operation Textbooks/materials slightly differ between Delft and Twente. Eindhoven will likely follow
Textbooks • Uniform Administrative Conditions for the Execution of Works 1989; • Uniform Administrative Conditions for integrated contracts 2005; • Standard set of general conditions DNR 2005; • Directive 2004\18 EU; • An analysis and comparison of the Dutch integrated contracts Uniform Administrative Conditions for 2005 and the FIDIC Yellow book (M. Chao-Duivis, October 2006 in: International Construction Law Review); • Translaties version of parts of Bouwrecht in Kort Bestek; • Introduction to Dutch Law, chapter 8, J. Chorus, P.-H. Gerver, E. Hondius, A. Koekoek, 2006; • Parts from: Contract law in the Netherlands, A.S. Hartkamp, 1995; • Parts from: S. Arrowsmith, Law of Procurement; • F.A.M. Hobma, Planning Law in the Netherlands; an Introduction, Delft University of Technology, 2007; • D. Langford & S. Male, Strategic Management in Construction, 2001.