Commercial Law Updates

Fiji Construction Law Series: An overview of construction contracts and other relevant law that applies to construction projects

Apr 13, 2018 / by Atu Siwatibau posted in Commercial law Fiji, Fiji construction contracts, Construction law Fiji, Fiji Freedom to contract, Fiji freedom of contract, Fiji lawyers

Construction projects take time to deliver and typically involve multiple parties, including a contractor and professional advisors.

Construction contracts have evolved to large documents that balance risk and reward and set out the processes that must be followed as the construction develops. Despite their apparent complexity the legal principles that underpin a construction contract are the same contract law principles that underpin any other legal contract.

In this update we briefly consider the legal principles and law that common law jurisdictions apply to construction projects.

Apr 6, 2018 / by Atu Siwatibau posted in Fiji commercial law, Commercial law Fiji, Fiji contract law, Fiji construction contracts, Construction law Fiji, Fiji due diligence, Commercial lawyers Fiji, Fiji freedom of contract, Fiji risk allocation

Risk Allocation

This commercial law update looks at the principles behind efficient risk allocation in a contract and how, a lack of understanding of these principles, might lead to unintended consequences.

Every contract is essentially a sharing or allocation of risk, responsibility, and reward between the parties. It is not sufficient for commercial lawyers to rely on template contracts or checklists because to understand and assist with a commercial transaction requires an understanding of the risks involved. A thorough understanding of risk will assist with the provision of informed legal advice and a contract that may avoid, reduce or fairly allocate risk.

This legal update considers the key questions that arise in terms of the allocation of risk: how should the risks be shared? Is there an efficient way of sharing risk? What considerations should be taken into account when deciding which party should take on which risk in a contract?

Fiji Construction Law Series: An overview of construction contracts and other relevant law that applies to construction projects

Fiji Construction Law Series: How Do You Allocate Risk in a Commercial Contract?

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