Engineering and Law
The influence and importance of law, and not just law, on design and implementation of engineering projects
The lecture is about the influence and importance of law, and not just law, on design and execution of civil engineering projects.
This lecture is mainly about contracts. But also the influence of administrative law etc. on this.
If peripheral issues are neglected, a lot of energy and time can be lost in developing technical ideas, designs and developments. Not to mention costs for both clients and contractors.
In addition to basic legal principles, many practical examples will be reviewed. And here and there, a side-step to situations related to this subject.
On 25 March, the press reported a remark by the chairwoman of the Association of Hydraulic Engineers that the 1,500 km of dyke improvements to be carried out over the next few years are in danger of incurring years of delay and millions of extra costs, because the contracting will no longer have to be done centrally with Rijkswaterstaat (as it has been until now) but with the Water Boards concerned - no fewer than 21. All these Water Boards have their own (standard) contracts, administrative procedures and rules, etc. In other words, here is the influence of THE LAW.
The lecture will discuss, among other things, what a contract (=agreement) actually is according to the law, the importance of definitions, of standard terms in a contract text that can imperceptibly 'kill' one of the contracting parties.
Much attention will also be paid to contracts in other jurisdictions, the agreed applicable law, etc. Finally, attention will be paid to solutions of conflicts that follow from a (construction) contract.
Attention will be paid to and a comparison will be made of going to court and more extensively: ARBITRAGE. This because of the speaker's own experience (and preference) as an Arbitrator in the Council of Arbitration for Construction Companies. It appears that arbitration has seen a substantial change in recent years from being judged by arbitrators 'as good men according to fairness'.
Luuk Lanting is a civil engineer, majoring in Coastal Hydraulic Engineering, graduated in 1977.
In his working life, he has worked at Adriaan Volker/ Volker Stevin as a project engineer, cost control engineer, foreman, at Aannemers Combinatie Zinkwerken/ACZ Marine Contractors/Van OordACZ as a calculator and then co-founder, board member of Tideway Offshore Contractors Breda.
After retiring, Luuk is studying law in Utrecht, majoring in law and economics in management and business, Luuk is co-author of the DBFM contract for the construction of the superstructure of the Betuweroute railway line for NS Railinfra/ ProRail and Technical Arbitrator at the Council of Arbitration for Construction Companies in Utrecht. In recent years, Luuk has been a member of the Advisory Board of the Dutch Arbitration Association.
Drinks will start at 18:00 and the meal will follow punctually at 19:00, after which the lecture can start at 20:00. End around 22:00.
Further information, or to register, can be obtained via: kringrotterdam@kivi.nl
Please note that a payment link to pay the participation fee for members will be sent in advance.
