CMGuide - CMGuide

Successful subcontracting – Part 1

By Sachin Kerur and William Marshall

Since Adam Smith first set his mind to the efficiency of the pin factory in 1776, specialisation and division of labour has underpinned industrial development. The construction industry has embraced specialisation and division of labour to such a degree that almost every construction project, no matter how large or small, is delivered in practice by a large number of separate parties, each with a narrow field of expertise and each with a commercial and practical imperative to maximise the efficiency within their field of expertise. …

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Latest Draft of UAE Federal Arbitration Law Released

By Patrick Bourke and Adam Vause

The most recent draft of the much anticipated UAE Federal Law in respect of Arbitration (the Draft Law) was released on 16 February 2012. The Draft Law represents the UAE’s proposed updating of its legislation in order to, among other goals, comply with its accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) in 2006. Although the Federal Arbitration Law remains pending, this latest release demonstrates a positive step towards such a law coming into force and its contents should be considered when drafting arbitration clauses where the dispute could involve the UAE. …

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General Management, PMP Hints, Project Management

Exhibit Leadership on Challenging Projects

Project managers need to be leaders. Leadership can be easy when things are going well; everyone will follow you then. However, when times are tough, leadership can be hard, but it is also more vital than ever. Here are some things to keep in mind to lead your team through the difficulty.

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Construction Law, Statutory Adjudication

Contractor cannot rely upon the prevention principle

The Technology and Construction Court has thrown out a contractor’s attempt to rely upon the prevention principle to excuse the delay on a project. The contractor alleged that the delays had been caused by the employer and the statutory undertakers. …

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Construction Law, Contract Administration

Rights and Obligations under Back-to-Back Contracts

The parties’ dispute concerned the extent of the coverage of this alternative design for demolition and hoarding works. The letter of award for the subcontract stated that it was to be a lump sum fixed price contract and back-to-back with the main contract. Brington maintained that Cheerise was responsible for the design as this was a back-to-back contract. …

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Contract Administration, General Management, Project Management

Cost Control in Construction

Cost Control is an obvious objective in Construction Management and Construction Scheduling. It should be recognized that no amount of paperwork achieves this construction cost control. The actual control is achieved through the ultimate decision of the manager that something should be done differently and the translation of that decision into practice. …

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General Management, Project Management

Strategic Management in Construction

Strategy is a subject that has exercised the minds of political, military and business leaders for centuries. The earliest recorded attempts to define strategy emanate from Roman military commanders who sought to document the strategic options available on the battlefield. …

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Construction Law

Enforcement of Arbitral Awards: Moving in the Right Direction

1 Comment

by Mark Beswetherick and Keith Hutchison

This month we look at the landscape for enforcement of arbitration awards in the UAE and how recent developments are paving the way for greater certainty and confidence in the process. …

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Construction Law, Contract Administration

FIDIC’s International Contract Users’ conference – CMguide readers get a 10% saving…

Now in its 25th year, FIDIC’s International Contract Users conference is indisputably the leading international forum for those wishing to make the most of the FIDIC suite of contracts.

Remain ahead of the field with exclusive, insider insights from the very people responsible for drafting and updating the contracts. …

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Construction Law

Challenging an Arbitration Award in the UAE Courts

Grounds for challenge may be found in Article 216 of the Civil Procedure Law, Federal Law No. 11 of 1992 (“Civil Procedure Law”):

Article 216:

1. “The parties to the litigation may apply for the invalidation of the arbitrator’s judgment when the court hears its ratification in the following cases: …

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Construction Law

Enforceability of foreign arbitral awards in the UAE

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The UAE, as party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) without reservations, should in principle recognise and enforce foreign arbitration awards.

Accordingly, subject to Article 5 of the New York Convention, the UAE courts should enforce foreign arbitral awards provided that the subject matter can be arbitrated under UAE law and such enforcement would not offend public policy. …

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Construction Law