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With thirty per cent of the world's oil and gas production coming from offshore areas, the construction of specialist vessels to perform offshore operations is a crucial part of the industry. However, with exploration and production being performed in increasingly exacting locations, the scope for disputes arising from cost overruns, scheduling delays and technical difficulties is immense.
In the absence of legal precedent, this ground-breaking title provides practical guidance on avoiding and resolving disputes in the construction of offshore units and vessels, including FPSOs, drilling units, OSVs and fixed platforms. Written by a leading team at Stephenson Harwood, this book covers the entire construction process from initial concept right through to installation, at each stage commenting on typical contract terms and offering expert advice based on real-life examples. Key topics include:
This unique text will be of enormous assistance both to legal practitioners and offshore construction professionals including project managers, financiers, insurers, and sub-contractors.
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Book DetailsISBN: 9781138799967
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Book Review: Offshore Construction by Stuart Beadnall - Reviewed by GavelBasher (30 Oct 2016)
A UNIQUE WORK OF REFERENCE ON THE LEGAL COMPLEXITIES OF OFFSHORE CONSTRUCTION PROJECTS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
There are many kinds of ships and an almost infinite variety of construction projects. But under what category would you place an offshore construction project – and under what category of law? The answer is rather important if you happen to be a practitioner dealing with such a project and having to draft the construction contract. If so, your first port of call for clear, authoritative and erudite advice on this and related matters would be this book by Stuart Beadnall and Simon Moore.
It would be entirely appropriate to call this a specialist legal textbook, for offshore construction is a specialist area of construction and engineering which could well be the province of the construction lawyer but, actually, it isn’t. The authors Beadnall and Moore explain in the acknowledgements that in the opinion of industry insiders their industry is unique for a number of reasons. An offshore construction, whatever function it serves is not a ship nor, in their words ‘a floating form of offshore building.’
It is (instead) a specialist area of marine construction in its own right,’ they add, but one that survives ‘without the benefit of standard contracts, nor any body of law specifically concerning offshore construction contracts.’
Small wonder that in the opinion of C W Chung -- who served as Executive Vice President of Daewoo Heavy Industries, (a leading provider of offshore oil and gas units) -- and who commissioned this book, ‘a legal textbook focusing entirely on offshore construction contracts is long overdue.’ This then is a pioneering work in this field and as such, an important addition to Lloyd’s Shipping Law Library published by Informa Law from Routledge.
Having defined what an offshore construction project is, the authors describe the book as ‘concerned with contracts for designing, building and installing units or platforms or vessels or facilities, for the exploration, development, production and decommissioning of offshore oil and gas fields.’ Referring to the long list of challenges inherent in building an offshore facility, including technological and commercial challenges, as well as fluctuations in market conditions, the need to innovate and the possibility that things may go wrong, the book is also focused inevitably on disputes.
Logically organised over eighteen chapters, the book covers, one would assume, every conceivable aspect concerning the law and practice of offshore construction, from tendering and negotiating contracts, to design risk, subcontracting and delay, to a host of other issues, including defects, termination, insurance, transport and installation and much more. The final chapter deals with dispute resolution procedures and there is a special chapter on intellectual property rights.
What particularly distinguishes the book is the clarity of explanation and analysis throughout. One tends to wonder why more legal texts aren’t written with a similarly plain-speaking approach. Note also that the authors focus primarily on English law which, as they say, remains the common choice of law for offshore construction contracts.
Easy to use, with a detailed table of contents and numbered paragraphs, the book excels as a work of reference, with extensive footnoting and tables of cases and legislation. There can’t be a shipping practitioner anywhere who wouldn’t benefit from acquiring a copy.
The publication date is cited as at 2017.
Stuart Beadnall is a partner and leading specialist in shipping and energy at Stephenson Harwood, with particular expertise in dispute resolution and negotiating contracts relating to offshore oil and gas, shipbuilding, floating production and LNG/FLNG. Simon Moore is a partner at Stephenson Harwood specialising in insurance, shipping and general commercial litigation with a particular focus on disputes in the maritime and offshore oil and gas industries.
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