Author name: CMGuide

Civil Engineering, Construction Industry, Construction Law, Construction Technology, Contract Administration, General Management, PMP Hints, Procurement Management, Project Management, Sustainability

CMGuide Founder spoke in Melbourne Convention 2014 by Engineers Australia

Samer Skaik at Meloburne ConventionSamer Skaik, the CMGuide Founder delivered 30 minutes oral presentation in “Mastering Complex Projects Conference” at Melbourne convention 2014 which was organized by Engineers Australia.  The Convention is the largest engineering event ever held in the southern hemisphere. Convention bring together all areas of the engineering profession, with national and international keynote speakers exposing delegates to megatrends and thought leadership that will influence the future direction of engineering in Australia. …

Construction Law

Time Bars in Articles 880 and 883 of the UAE Civil Code (Regarding Construction Disputes)

by Jalal Kudsi
One of the fundamental legal aspects to be considered by a party to a legal dispute is the statutory time bars that are relevant to the subject matter of the dispute. Time bars take the form of statutory rules that restrict the period of time within which a legal action can be brought successfully, and therefore restrict the rights of the disputing parties to bring legal proceedings to recover losses or obtain compensation. There are various time bar rules set out in UAE legislation, and each one varies depending on the subject matter of the dispute. However, this article will focus on two significant time bar rules with respect to construction-related disputes; specifically Articles 880 and 883 of UAE Law No. 5 of 1985 (the UAE Civil Code). …

Construction Industry, Construction Law, Construction Technology, Contract Administration, General Management, Procurement Management, Project Management

Get it straight from FIDIC

It’s time for FIDIC’s 27th International Contract Users’ conference, your team’s annual opportunity for best practice advice on using the contracts, insights on recent and upcoming amendments, guidance for managing major projects and for resolving disputes – delivered directly by more than 40 of the world’s foremost FIDIC experts.

And you can get a 10% saving with this posting, just quote VIP code: FKW82487CMGP …

Construction Law

Is there any legal requirement set out in the UAE Civil Procedure Law to include a summary of the Terms of Reference in Arbitration Awards?

by Ahmad Ghoneim
The provisions of the UAE Civil Procedure Law [Federal Law 11 of 1992] as amended (“CPL”) that relate to arbitration are contained in Articles 203 – 218, which make up Chapter Three of Book Two of the CPL (“Chapter Three”).
According to Article 212(1), an arbitrator operating under the CPL shall issue his award without being bound by the CPL, save as is provided in Chapter Three. Article 212(5) states that arbitral awards shall, in particular, include a copy of the arbitration agreement. The purpose of including this information in the arbitral award is to ensure that the arbitrators have observed their limits under the arbitration agreement. Inclusion of the arbitration agreement is therefore necessary for the validity of the arbitral award and its omission would render an award void. …

Construction Industry, Construction Law, Contract Administration, General Management, Procurement Management, Project Management

Prevention is better than cure for building defects in the UAE

by Niall Clancy

Deciding upon the appropriate remedy for defective works is an issue that frequently arises during construction disputes and is often hotly contested. This note considers the position under UAE law and how a Court (or Arbitral Tribunal) might approach this issue where a contractor cannot (or will not) implement the option selected by the employer. …

Construction Law

Mediation – Does it work in the Middle East?

by Essam Al Tamimi

On 1 May 2014, the ICC held the MENA Launch of the ICC Mediation Rules 2014 (“Rules”) in Dubai and introduced the new Rules which came into force on 1 January 2014. The Rules govern the parties’ agreement to ICC Mediation or any request made by the parties following a dispute to use the ICC Mediation process. The Rules are simple and straightforward and the cost is comparatively low. These Rules are not as extensive as the arbitration rules because the Rules are not binding and are subject to the parties continuing with mediation. …

Construction Law

Arbitration in the UAE: Aiming for excellence

by John Gaffney & Dalal Al Houti

The United Arab Emirates (UAE) is experiencing a period of substantial economic growth again as it a continues to diversify its economy. This will continue to attract substantial inward investment in the UAE. It goes without saying that increased inward investment ought to be complemented by effective and transparent dispute resolution mechanisms in the host State (in addition to international recourse under multilateral and bilateral investment agreements, where appropriate). The UAE increasingly favors arbitration as a suitable mechanism for alternative dispute resolution and is committed to ensuring that this mechanism develops in the UAE in line with international best practice, such as that exemplified by the ICC and other international institutions. …

Construction Industry, Construction Law, Contract Administration, General Management, Project Management

INSURANCE IN CONSTRUCTION CONTRACTS: A FEW THINGS TO KNOW

There are many risks in any construction project. The majority of these risks are usually assumed (and priced) by the contractor during the construction phase, who typically covers this exposure by taking out various insurance policies.

Insurance in construction contracts can be complicated and the purpose of this article is to provide an overview of some key issues to be aware of in this intricate area. …

Construction Industry, Construction Law, Contract Administration

The use of experts in construction disputes in the UAE

by Dean O’Leary
Those familiar with construction disputes in the UAE will know that it is not unusual for experts to be involved in the dispute resolution process.
This article seeks to discuss where, when and which types of experts are used in the UAE. The article also touches on some of the criteria a party should consider when looking to retain an expert. …

Construction Law

Qatar amends laws regulating the practice of engineering professions

by Ahmed Jaafir – a.jaafir@tamimi.com
Practising engineering professions in Qatar are governed by the provisions of Law No.19 of 2005 Regulating the Practice of Engineering Professions (the “Engineering Law”).
On 20 January 2014, Qatar Law No.2 of 2014 was passed in order to amend certain provisions of the Engineering Law and the same came into force on 16 March 2014. …

Construction Law, Contract Administration

THE INTERPRETATION OF CONTRACTS UNDER THE UAE CIVIL CODE

by Abobakr Dafalla

When parties have differing views about what their contract means, or what its effect on their legal rights and obligations is, their differences must be settled by the court. The settlement of these differences is to a large extent governed by the proper construction (or interpretation) of the contract. In arriving at its conclusion the court applies relatively well-established principles of interpretation found in Chapter 4 of The Civil Transactions Act (commonly referred to as the Civil Code), under the title “Construction of Contracts”. Generally, no distinction is drawn between the ‘construction’ and ‘interpretation’ of contracts and the two terms are used interchangeably.OBJECTIVE OR SUBJECTIVE METHOD OF CONSTRUCTION

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