By Dr Samer Skaik
The construction industry, known for its complexity and high-pressure environment, has recently seen a growing interest in the application of Emotional Intelligence (EI) within project management. A recent study has explored this emerging field, revealing both the current state of research and providing recommendations for future studies. …
By Dr Samer Skaik
In the realm of construction project management, nomination procedures play a pivotal role in determining how subcontractors are selected and engaged. These procedures have evolved significantly over time to address various shortcomings and complexities inherent in subcontractor nomination. This blog post explores the intricacies of nomination procedures, the risks associated with them, and strategies for improving their effectiveness. …
Navigating Nomination Procedures in Construction Contracts: Insights and ChallengesRead More »
By Dr Samer Skaik
Insolvency is a pressing concern within the Australian Construction Industry (ACI), where businesses face significantly higher risks compared to other sectors. This challenge is not unique to Australia, as construction industries globally experience similar issues. However, the causes of insolvency can vary widely across different regions, prompting the need for tailored approaches to predict and manage these risks.
A recent study has shed light on the critical factors contributing to insolvency within the ACI, offering a theoretical framework that prioritizes these factors based on their relative importance. This framework, derived from a rigorous systematic literature review (SLR) and supplemented by data from the Australian Securities and Investments Commission (ASIC), highlights both quantitative and qualitative factors essential for predicting insolvency. …
By Dr Samer Skaik
Subcontract nomination is a pivotal practice in the construction industry, offering significant advantages in project management. It allows the Employer to maintain control over cost, quality, and time while ensuring the involvement of specialized subcontractors. Despite the challenges and complexities associated with this approach, subcontract nomination remains a valuable tool for optimizing project outcomes. This blog delves into the essentials of subcontract nomination, exploring its benefits, strategic applications, and the types of subcontracting arrangements that can enhance project efficiency. …
Mastering Subcontract Nomination in Construction: Key Strategies for SuccessRead More »
By Dr Samer Skaik
In construction contracts governed by FIDIC 1999, provisional sums are often included to account for certain parts of the work that are not defined in detail at the time of contract signing. These sums provide flexibility to accommodate future decisions by the Employer or Engineer regarding specific work items or materials. Proper management of provisional sums is crucial to ensure that the contract remains fair and that all parties understand their obligations and entitlements. …
How to Deal with Provisional Sums Under FIDIC 1999Read More »
Construction projects are often complex endeavors with various stakeholders, timelines, and unforeseen challenges. One such challenge that contractors frequently encounter is latent conditions. These hidden or unexpected conditions can significantly impact project timelines, budgets, and overall success if not properly addressed. In this guide, we will delve into what latent conditions are, how they can affect construction projects, and strategies for contractors to effectively manage them during project execution.
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Navigating Latent Conditions in Construction Contracts: A Practical Guide for ContractorsRead More »
By Dr Samer Skaik
The Building and Construction Industry Security of Payment legislation (SoPA) is a vital legal framework for contractors and subcontractors in the construction industry, particularly for the recovery of progress payments. Understanding and effectively utilizing this legislation can safeguard the financial health of businesses and ensure the smooth progression of construction projects. The purpose of this post is to offer a brief guide on navigating the Security of Payment legislation, highlighting its importance and providing practical steps for contractors and subcontractors to effectively manage and recover progress payments.
…How to use the Security of Payment Legislation to recover or reject progress claimsRead More »
By Dr Samer Skaik
With the unprecedented outbreak of the coronavirus across the globe, many universities and schools have been initiating projects to transform their operations from ‘face to face’ to virtual environments aided by various technologies. This call seems to be inevitable since the outbreak will continue to evolve for at least another six months. In this context, three demanding questions come into play:
…COVID-19: How to make the transformation into online operations more effective?Read More »
By Dr Samer Skaik
A few days ago, the Turnbull Government released the final report of the Review of Security of Payment Laws, undertaken by Mr John Murray. Murray’s report made 86 recommendations to improve consistency in the security of payment legislation. In the relevant Media Release, the Minister stated that:
the Government will consult with industry to consider the report’s recommendations and explore ways to improve the protections for individuals and businesses involved in subcontracting in the construction industry.
The report provided eight recommendations (43-50) pertaining the introduction of review mechanism in statutory adjudication based on my written submission in this regard. The written submission was merely a presentation of the findings of my PhD entitled “Introducing review mechanism into statutory construction adjudication.” I cite the relevant paragraph from the final report which cites my rationale of introducing this concept: …
Turnbull Government is considering the findings of my PhDRead More »
By Dr Samer Skaik
Very recently, I have launched a channel on Youtube. This channel aims to provide integrated, handy and focused educational materials for those interested in developing their competencies in construction project management, professional practice and leadership. My aim is to help raise the bar by providing sound, solid and up-to-date knowledge for students, graduates and professionals in the construction sector. The channel, in addition to the videos, includes other interesting educational playlists. You can display the playlists chronologically if you are keen to develop a robust understanding in the field and advance progressively towards mastering the subject. …
We are very delighted to launch the Inaugural Mentoring Programme targeting graduates and early-career professionals in the construction industry.
This is a free service initiated and operated by CMGuide and led by CMGuide Founder (Dr Samer Skaik). The mentoring programme is targeting ambitious graduates and early-career professionals in the construction industry. The programme is only available in Australia. We encourage prospective and interested mentors in Australia who have the experience in any of the mentoring areas to join our ‘Mentors Panel’ ASAP so we can serve and enrol more mentees in the programme. Interested mentors should mention the mentoring area and availability arrangement so we can properly match mentees (protégé) with appropriate mentors. It is completely up to the mentors and mentees once to discuss and agree the mentoring arrangement during the mentoring year such as mentoring duration (not less than 6 months), communication method, frequency of meetings, level of support, etc. …
By Samer Skaik
I am delighted to see my article entitled “The tip of the iceberg: Jurisdiction of statutory adjudicators” published this month in Construction Law Journal under Construction Act Review Section. This is the second time I got an article published in this section. A third article is also in the pipeline for the next edition.
This is the brief as quoted from the Editorial introduction:
Samer Skaik discusses the jurisdictional limits of statutory adjudicators in both the UK and New South Wales adjudication models, focusing on challenges relating to the validity of the adjudicator’s appointment. The author identifies the trend of the Australian courts in particular to allow adjudicators to provisionally determine their own jurisdiction rather than encouraging pre-emptive applications by the parties. He considers this approach problematic, in part because adjudicators may not be legally trained, but also as giving rise to other difficulties and inconsistencies that in his view undermine the intention of the legislation. The author concludes by proposing a “roadmap” to regulate adjudicators’ jurisdiction, to assist with navigating around the difficulties and deficiencies that he identifies.
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The tip of the iceberg: Jurisdiction of statutory adjudicatorsRead More »
