Construction Industry

Construction Industry, Construction Law, Contract Administration

The Critical Edge: Why Early Warning Notices Matter in FIDIC 2017

Unforeseen events and potential issues are almost inevitable in construction and infrastructure projects. How these challenges are identified, communicated, and addressed can significantly impact a project’s success, cost, and timeline. The FIDIC 2017 suite of contracts places a strong emphasis on proactive risk management and dispute avoidance, with the Early Warning Notice (EWN), specifically under Sub-Clause 8.4 [Advance Warning], being a cornerstone of this philosophy.

This post dives into the rationale and utility of Early Warning Notices under FIDIC 2017, exploring what happens if these provisions are not complied with, and outlining the responsibilities of all parties when such a notice is issued. …

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Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

Beyond Battles: How Dispute Boards Transform Construction Conflict into Collaboration

In the complex world of construction and large-scale infrastructure projects, effective dispute resolution is paramount to keeping ventures on track and budgets intact. While traditional methods like litigation and arbitration have their place, the rise of Dispute Boards (DBs) offers a proactive and often more efficient alternative. These independent bodies aim not just to resolve disputes, but, crucially, to manage and even prevent them from escalating, acting as an integral part of project delivery. …

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Construction Industry, Construction Law, Contract Administration

The Challenging Role of the Engineer/CA/PM in Construction Dispute Resolution

Disputes are an inevitable byproduct of complex projects, involving multiple parties, intricate contracts, and high stakes. At the heart of managing these conflicts, often with a heavy and unenviable burden, stands a key figure: the Engineer, Contract Administrator (CA), or Project Manager (PM).

Their role, as defined by various standard forms of contract, is often multifaceted, requiring them to be simultaneously technical experts, project leaders, financial custodians, and, crucially, initial dispute resolvers. It’s a tightrope walk where impartiality is expected, but practical realities often tug them towards one side. …

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

Your First Strike: Why Adjudication is the Ultimate Opening Move in Construction Disputes

In the high-stakes, fast-paced world of construction, disputes are not a matter of “if,” but “when.” From payment disagreements and extension of time claims to quality issues and unforeseen ground conditions, conflicts are an inherent part of managing complex projects. When these disputes inevitably arise, how you choose to address them can be the difference between project success and crippling delays or financial ruin. …

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

Level Up Your Construction Contract Knowledge: Introducing the CMGuide Podcast Series!

The world of construction contracts, especially the globally recognized FIDIC suite, can often feel like navigating a complex labyrinth. Clauses, entitlements, claims, termination rights, dispute boards… it’s a lot to keep track of, even for seasoned professionals. But what if you could demystify these crucial topics, one engaging conversation at a time, right from your headphones?

We’re thrilled to announce the launch of the CMGuide Podcast Series!

This isn’t just another dry lecture. We’re bringing you in-depth, practical discussions designed to unpack the intricacies of construction contracts, with a special focus on the FIDIC Suite of Contracts. …

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Construction Industry, Construction Law, Contract Administration, Project Management

Mastering Disruption Claims: Insights from FIDIC 1999 and 2017

Construction projects, by their very nature, are susceptible to disruptions – events that hinder the regular and efficient progress of work, leading to a loss of productivity and increased costs. While delays extend the project timeline, disruption impacts the efficiency of work within that timeline, often without necessarily extending the overall completion date. Successfully navigating disruption claims is crucial for contractors to recover legitimate losses and for employers to understand their contractual obligations. This post explains disruption claims under two prominent FIDIC (Fédération Internationale Des Ingénieurs-Conseils) contract editions: FIDIC 1999 and FIDIC 2017, highlighting their differences, how to establish entitlement, and methods for quantifying associated costs or Extension of Time (EOT).

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Construction Industry, General Management, Sustainability

Gen AI: Your Ally or Your Downfall? Making It Work for You

By Dr Samer Skaik

Generative AI is everywhere these days. It’s like having a super-smart assistant who can whip up a report or summarise a journal article in seconds. For professionals chasing deadlines and students grinding through assignments, AI can feel like a lifeline. But it’s not all smooth sailing. Lean on it too much, and you might lose your spark. Ignore it, and you could get left behind. This article is about finding the sweet spot—using AI to boost your game without letting it take over. Let’s unpack how to stay sharp, stay sceptical, and keep ahead of the curve. …

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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 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 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 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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