Legal and Governance Aspects

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Legal and Governance Aspects
3TU CME Delft
Fred Hobma
Real Estate Housing
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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)

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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)

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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

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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

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Lecturers

• Prof. Monika Chao-Duivis
• Loes Schutte-Postma
• Fred Hobma

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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

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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

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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

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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

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3TU co-operation

• Textbooks/materials slightly differ between Delft
  and Twente.
• Eindhoven will likely follow

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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.