ingenieur Vol98 2024 | Page 27

for public works and construction projects . The failure of engineering projects , especially those involving critical infrastructure like bridges and castles , often resulted in severe penalties for the responsible parties , including fines , demotion , or execution .
Ancient Rome Roman architect and engineer Vitruvius ( Vitruvius Standard ) documented that engineers and architects were held personally responsible for the quality and safety of their structures . If a building they designed or constructed collapsed and caused injury or death , they could face severe penalties , including death .
Medieval Europe In medieval times , engineers and builders were often members of guilds . These guilds had strict rules and codes of conduct . Failure to adhere to these standards could result in fines , expulsion from the guild , or even corporal punishment .
Ancient India According to the Manusmriti ( an ancient legal text ), artisans and engineers who caused the collapse of a building could face financial penalties or corporal punishment . The severity of the punishment often depended on the extent of the damage and harm caused .
Ancient Mesopotamia Code of Hammurabi : One of the oldest known legal codes , the Code of Hammurabi , included specific provisions for builders . If a house collapsed and caused the death of the owner , the builder could be put to death . If the collapse caused the death of the owner ’ s child , the builder ’ s child could be executed . These laws were intended to ensure that builders took their responsibilities seriously .
Ancient Egypt Pharaonic Accountability : Engineers and architects working on the monumental projects of ancient Egypt , such as pyramids and temples , were held in high regard but also faced severe consequences for failure . If a project did not meet the required standards or resulted in significant issues , the penalties could range from financial retribution to corporal punishment .
Key International Bodies on Dispute Resolution on Engineering Works
Several International Bodies deal with dispute resolution in engineering , construction , and manufacturing projects . These organisations provide frameworks and mechanisms for resolving disputes that arise from contractual disagreements , project delays , and other issues . International dispute resolution bodies play a crucial role in resolving conflicts in engineering , construction , and manufacturing projects . By providing neutral and structured frameworks for arbitration and mediation , these organisations help parties reach fair and enforceable settlements , thereby maintaining stability and encouraging investment in international projects .
Here are some key international bodies and notable cases :
International Court of Arbitration : Provides arbitration services to resolve international commercial disputes , including those in engineering and construction .
Notable Case : A dispute between a multinational construction company and a Middle Eastern Government regarding the construction of an airport terminal was resolved through ICC arbitration . The case involved claims of delays and cost overruns , and the arbitrators awarded damages to the contractor .
London Court of International Arbitration ( LCIA ): Provides arbitration and mediation services for international commercial disputes , including those in engineering and construction .
Notable Case : A dispute between a European engineering firm and an African Government over a dam construction project was resolved by the LCIA . The arbitration focused on issues of project delay and additional costs , leading to a settlement that compensated the engineering firm .
International Centre for Settlement of Investment Disputes ( ICSID ): As part of the World Bank Group , ICSID handles investment disputes between international investors and states .
Notable Case : Salini Costruttori S . p . A . and Italstrade S . p . A . v . Kingdom of Morocco : The case involved an Italian construction company and the Moroccan Government regarding a highway project . The dispute centered on issues of delay
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