Author name: CMGuide

Construction Law, Contract Administration, Procurement Management, Project Management

From BOQ First to TOC Fights: Untangling Document Hierarchy and Handover Rights in FIDIC

By Dr Samer Skaik

What happens when a contractor is blamed for missing items, NCRs remain unresolved, and an Engineer refuses to issue the Taking-Over Certificate—even after the Employer starts using the facility? This real-world scenario raises important questions about contractual liability, document precedence, and possession under FIDIC 1999.

In this post, we examine a case involving a partial handover, missing panels and modules, and lingering Civil Defense approvals. By referencing key clauses of FIDIC 1999—along with an important modification to Clause 1.5 in the Letter of Acceptance—we’ll clarify who bears what responsibility, and how contractors should respond. …

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Construction Industry, Construction Law, Contract Administration, Project Management

How Dispute Boards Operate Under FIDIC Contracts: A Guide in a Nutshell

Construction projects are complex, high-stakes endeavors where disputes can derail timelines, inflate budgets, and strain relationships. The International Federation of Consulting Engineers (FIDIC) provides a robust solution through its globally recognized standard contracts, which integrate Dispute Boards (DBs) as a cornerstone for conflict management. This educational blog post dives deep into the mechanics of Dispute Adjudication Boards (DABs) and Dispute Avoidance/Adjudication Boards (DAABs) under FIDIC’s 2017 Rainbow Suite, focusing on their appointment, proactive dispute avoidance, and resolution roles. Guided by FIDIC’s 2024 and 2023 Practice Notes, relevant provisions of the FIDIC 2017 contracts, and industry insights, we explore how DBs contribute to successful project delivery.

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Construction Technology, PMP Hints, Project Management, Sustainability

Navigating the Evolution of Project Management: Understanding PMBOK Editions for Construction Professionals

The Project Management Body of Knowledge (PMBOK® Guide) serves as a fundamental resource for professionals across various industries, offering a collection of best practices, guidelines, and standardized terminology crucial for effective project management. For those in the construction sector, from managing residential builds to large-scale infrastructure projects, the PMBOK Guide provides a valuable framework for planning, executing, and controlling project activities. Keeping pace with the updates to this essential guide is vital for construction professionals aiming to optimize their project management approaches, enhance efficiency, and achieve successful project outcomes. This post explains the evolution of the PMBOK Guide, by examining the key shifts from the process-driven 6th edition (2017) through the principle-based 7th edition (2021), and looking ahead to the anticipated 8th edition (expected in late 2025). By understanding these changes, construction professionals can leverage the PMBOK Guide to its full potential in their daily practice.   …

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Construction Law, Contract Administration

Lessons from FIDIC 1999: a recent case study

By Dr Samer Skaik

Contractors frequently face ambiguous documentation on construction projects—especially when variation orders reference unstamped or unofficial documents. This can lead to disputes over warranty obligations, scope of work, and cost entitlements. In this post, we break down a case involving an unstamped specification, a signed variation order, and updated IFC documents containing new warranty clauses. Using the FIDIC 1999 contract as a guide, we’ll outline how such issues should be handled to protect both contractors and employers.

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Contract Administration, Procurement Management, Project Management

The Pros and Cons of Fast-Tracking in Complex High-Rise Construction

By Dr Samer Skaik

Fast-tracking is a project management strategy that accelerates project delivery by overlapping the design and construction phases. This approach is particularly prevalent in complex high-rise projects, where the pressure to save time often leads construction firms to start building even before the design is fully completed. Although fast-tracking can significantly cut down project timelines, it also presents several challenges. …

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Construction Industry, Construction Law, Contract Administration, Project Management

Empowering the Engineer: Significant Advances in FIDIC 2017 Red Book Over 1999

The FIDIC Red Book, published by the International Federation of Consulting Engineers (FIDIC), is a widely used standard form of contract for construction projects where the Employer designs the works. The role of the Engineer, a pivotal figure in administering the contract, has undergone significant enhancements in the FIDIC 2017 Red Book compared to its 1999 predecessor. These improvements aim to promote fairness, clarity, and efficiency in contract administration. This blog post explores the key advancements in the Engineer’s role under FIDIC 2017, focusing on substantial changes and citing relevant clauses for educational purposes. For brevity, we will not dwell on aspects of the Engineer’s role that remain unchanged or have only minor differences between the two editions. …

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Construction Industry, Construction Law, Contract Administration, Project Management

Understanding FIDIC Golden Principles: A Guide for Construction Professionals

In this post, we dive into the FIDIC Golden Principles, a cornerstone of fair and balanced construction contracts globally. Whether you’re a contractor, engineer, or project manager, understanding these principles is essential for navigating international construction projects with confidence. Let’s explore what they are, why they matter, and how they impact your work.

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Construction Law, Contract Administration, Project Management

Navigating Changes to Site Conditions and Discrepancies Under FIDIC 1999

By Dr Samer Skaik

Construction projects often evolve due to site conditions that differ from those initially anticipated. One such scenario involves variations in foundation levels or discrepancies in material requirements, such as concrete compressive strength. In this post, we explore a real-world contractual challenge and the proper procedure for handling it under FIDIC 1999, offering guidance for contractors who face similar issues. …

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Security of Payment, Statutory Adjudication

Exploring the challenges relating to the jurisdiction of statutory adjudicators

By Dr Samer Skaik

The jurisdiction of adjudicators is a critical element in the adjudication process for construction disputes. Adjudicators derive their authority by accepting referrals from an appointing authority, which hinges on the existence of specific jurisdictional facts, such as a valid construction contract and a legitimate payment claim. If an adjudicator errs in establishing these facts, it can lead to jurisdictional errors that may invalidate the entire adjudication process and any subsequent determination. This blog post delves into the nuanced and multifaceted challenges surrounding the jurisdiction of adjudicators, offering insights into the strategic considerations and potential pitfalls that parties must navigate in the adjudication process. …

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Construction Industry, Construction Law, Security of Payment, Statutory Adjudication

Judicial Decisions Concerning Expert Evidence in Adjudication

By Dr Samer Skaik

In the realm of construction disputes, expert evidence plays a pivotal role in shaping the outcomes of litigation and arbitration. Traditionally, expert witnesses are engaged by parties to analyze facts, form opinions, and present conclusions that can influence the decision-making process of a tribunal. However, the growing use of expert witnesses in statutory construction adjudications, especially for large and complex payment claims, has introduced new challenges. Unlike the more extended timelines in litigation and arbitration, adjudicators in construction disputes often operate under severe time constraints—typically just 10 business days. This accelerated process leaves little room for the thorough examination of expert evidence, such as cross-examinations or detailed meetings with experts, which can complicate the adjudication process. …

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Construction Law, Contract Administration, Project Management

Understanding Contractor Remedies When the Employer Occupies and Uses Part of the Works Under FIDIC 1999

By Dr Samer Skaik

In the construction industry, disputes often arise when the Employer occupies or uses part of the works before the formal Taking Over Certificate (TOC) is issued. This situation can create challenges for Contractors, especially regarding their rights and obligations. This blog post addresses the Contractor’s remedies when such an occurrence happens, guided by FIDIC 1999 provisions. …

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Construction Industry, Construction Law, Contract Administration, Project Management

Understanding Contractors’ Rights and Liabilities in the UAE: Navigating the Legal Framework of Subcontract Nomination

By Dr Samer Skaik

Subcontractor nomination is a common practice in the UAE construction industry, often governed by the FIDIC suite of contracts and the local Civil Code. However, the legal intricacies surrounding the rights and liabilities of nominated subcontractors (NSCs) and Main Contractors (MCs) can be complex. This blog post explores the legal framework of subcontract nomination in the UAE, shedding light on the key issues of liability, contract privity, and the role of collateral warranties. …

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