our experience of db · construction industry 4 construction investment in japan (2017) ・550...

Copyright © 2018 TAISEI CORPORATION. All Rights Reserved.

Our Experience of DB24 May 2018

TAISEI CORPORATIONSatoru TSUTAE

Climb to the Top! DRBF 18th Annual International ConferenceTokyo 2018

Session 5

Copyright © 2018 TAISEI CORPORATION. All Rights Reserved. 2

1. Overseas Works for Japanese Contractor

2. Landmarks in our track record of overseas projects

3. Our Experience of Dispute Board

Contents


1. Overseas Works for Japanese Contractor


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.


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:


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


2. Landmarks in our track record of overseas projects


CAMBODIA・Bridge over Mekong River

Note (500 Riel)


TAIWAN・Kao Ping BridgeCommemorative Stamp

Memorial Silver Coin


MALDIVES・Seawall in Male

Monument


INDONESIA・Bali Beach Conservation

Sign-board


PAKISTAN・Kohat Tunnel

Commemorative Stamp


TUNISIA・Rades Bridge

Commemorative Stamp


TURKEY・Marmaray Project

Signboard at Station

(A Dream Comes True)


THAILAND・Industrial Ring Road

Monument


3. Our Experience of Dispute Board


１．Settlement of Disputes

DB → Arbitration

Mediation → Arbitration

Arbitration

5 → 3

1

2 → 4

original actual


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


３．DB in Silver Book

Appointed members had rich experience and high profile.

DB was active.

59 referral


４．Lessons from the DB

Deny of Payment

No clause or Ambiguity

Need enforcement


５．Lessons from the DB

Delay of the Employer`s determination

No time limit (cl 3.5 in silver book)

Need to be compulsory


６．Lessons from the DB

Documents only (Particular Conditions)

Hearing is not mandatory.

Not a good idea


７．Lessons from the DB

Professional assistance

Unfamiliar with DB

Need reinforcing with a contract engineer


８. Contract Administration

24

Japan：No existence of the following:

１）Curriculum in universities２）Quantity Surveyor３）Contract Engineer４）Lawyer for Construction Disputes


END