our experience of db · construction industry 4 construction investment in japan (2017) ・550...
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Our Experience of DB24 May 2018
TAISEI CORPORATIONSatoru TSUTAE
Climb to the Top! DRBF 18th Annual International ConferenceTokyo 2018
Session 5
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1. Overseas Works for Japanese Contractor
2. Landmarks in our track record of overseas projects
3. Our Experience of Dispute Board
Contents
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1. Overseas Works for Japanese Contractor
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1. Construction Industry
4
Construction Investment in Japan(2017)
・550 billion US$ ・Public : Private = 4 : 6
New Contracts from Overseas (2017)
・17 billion US$ ・ Public : Private = 3 : 7・ 3 % to domestic market
Source: The Overseas Construction Association of Japan, Inc.
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2. Overseas Works
5
Building Construction Works : 74%by Overseas Affiliated Companies
Civil Engineering Works : 26%by Companies in Japan
Public Funds : 50% (4 countries) ODA:50% (25 countries)
Source: The Overseas Construction Association of Japan, Inc.
New Contracts in 2016:
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3. Contract in ODA projects
6
Type of WorksConstruction only. Design by Japanese Consultant.
Type of ContractConditions of Contract for Construction, MDB Harmonized Edition 2010, FIDIC
The EngineerJapanese Construction Consultant Firm and Local Consultant Firm
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2. Landmarks in our track record of overseas projects
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CAMBODIA・Bridge over Mekong River
Note (500 Riel)
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TAIWAN・Kao Ping BridgeCommemorative Stamp
Memorial Silver Coin
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MALDIVES・Seawall in Male
Monument
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INDONESIA・Bali Beach Conservation
Sign-board
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PAKISTAN・Kohat Tunnel
Commemorative Stamp
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TUNISIA・Rades Bridge
Commemorative Stamp
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TURKEY・Marmaray Project
Signboard at Station
(A Dream Comes True)
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THAILAND・Industrial Ring Road
Monument
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3. Our Experience of Dispute Board
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1.Settlement of Disputes
DB → Arbitration
Mediation → Arbitration
Arbitration
5 → 3
1
2 → 4
original actual
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2.Unsuccessful DBs
Failure to agree on DB (2 cases)1) Employer Appointed2) Appointed by Employer’s
country Engineering association
Impartiality NOT secured
Unfair for Contractor
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3.DB in Silver Book
Appointed members had rich experience and high profile.
DB was active.
59 referral
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4.Lessons from the DB
Deny of Payment
No clause or Ambiguity
Need enforcement
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5.Lessons from the DB
Delay of the Employer`s determination
No time limit (cl 3.5 in silver book)
Need to be compulsory
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6.Lessons from the DB
Documents only (Particular Conditions)
Hearing is not mandatory.
Not a good idea
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7.Lessons from the DB
Professional assistance
Unfamiliar with DB
Need reinforcing with a contract engineer
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8. Contract Administration
24
Japan:No existence of the following:
1)Curriculum in universities2)Quantity Surveyor3)Contract Engineer4)Lawyer for Construction Disputes
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END