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  • Construction & Infrastructure

Design/Build contracts in Japan - Key differences between the Nikkenren and FIDIC Yellow Book (1999) - PART ONE: Design Obligations

This newsletter series sets out key differences between Japanese standard form of a Design/Build contract (“D&B Contract”) so called “Nikkenren” and the FIDIC Yellow Book (1999) (“FIDIC YB(1999)”), and describes Nikkenren aspects with which non-Japanese parties may be unfamiliar. In this part one of the series, we will discuss design obligations of contractors. This newsletter also elaborates the relevancy of "fitness for purpose" obligations which are present under the FIDIC YB(1999), but not expressly defined in the Nikkenren. While D&B Contracts are not a recent invention, owners/employers are increasingly seeking to use this procurement method for construction projects. A D&B Contract benefits owners/employers by minimizing...To read the article, please see the PDF file

Authors

宇野 伸太郎

Shintaro specializes in international engineering and construction of infrastructure projects around the world, with a particular focus on Japan and Asia. He has extensive experience advising on a wide range of projects, including semiconductor plants, data centers, high-speed railways, motor highways, submarine cables, coal-mining process facilities, Mass Rapid Transit, high-rise buildings, lithium hydroxide plants, various types of power plants, tunnels, ports, dredging, offshore wind, and water treatment and supply facilities, with primary contracts based on the standard FIDIC contract forms (including Redbook, Yellowbook, Silverbook 1999 and 2017 version), Minkanrengo Building contract, Nikkenren Design Build and ENAA. 

He is one of Japan’s leading experts on FIDIC and other construction-industry contracts. 
On the contentious side, Shintaro has represented both employers and contractors in proceedings before Dispute Adjudication Boards, arbitral tribunals, and in the courts of various jurisdictions. 

井浪 敏史

Satoshi INAMI

  • Counsel
  • Singapore

Satoshi has worked at N&A’s Singapore office since July 2022 and has provided Japanese clients with headquarters in Japan or Singapore and other clients with legal support on general corporate, labor, dispute resolution, and crisis management/compliance matters for their businesses operations in Southeast Asian countries.

Satoshi has also engaged in international construction and infrastructure projects and has advised on construction contracts, laws and regulations, and disputes in connection with projects in Japan and overseas.

村田 智美

Tomomi MURATA

  • Partner
  • Singapore

Having been stationed at the Hanoi office from 2016 to 2017 and subsequently at the Singapore office since 2019, Tomomi brings a wealth of experience in international construction and infrastructure projects. Her portfolio spans a diverse range of cases, encompassing all areas from negotiation and drafting construction contracts to handling issues arising during project execution, addressing construction disputes, and conducting regulatory research related to construction in both domestic and international projects.

Leveraging her experience in Singapore and Vietnam, she collaborates with qualified lawyers in various jurisdictions, contributing to her extensive expertise in construction projects across the Southeast Asian region. In addition, she actively holds seminars and in-house training sessions on FIDIC, one of the leading standard forms of contract for international construction.
Beyond her focus on construction and infrastructure, she provides broad legal advice on issues related to new investments, joint ventures, and labor matters in Southeast Asian countries, with a particular emphasis on Singapore, Malaysia, Indonesia, and Vietnam.