By MATTHEW SHOWLER and PARNIKA CHATURVEDI
The UAE is one of the fastest-growing economies, where the construction industry is the third-largest sector after oil and trade. More than 6,000 construction companies operate in the country, with most construction activities taking place in the emirates of Abu Dhabi and Dubai. …
FIDIC’s official Contract Users’ Series travels the globe delivering best practice advice for selecting, using and managing the range of FIDIC contracts.
It’s the turn of the Middle East – the 7th FIDIC Middle East Contract Users’ Series will take place next month in Dubai.
As a reader of CMGuide you’re eligible for a 10% saving. …
Looking to strengthen your construction law skills?
How about getting a postgraduate diploma from a UK university – while you remain in full-time employment, from the comfort of your own home and in just one year? …
Have you seen the new date? International Construction Law by distance learningRead More »
By STUART JORDAN
What proportion of construction projects in the Middle East are carried out under informal contracts, which would include verbal and partially written contracts, preliminary statements such as a memorandum of understanding (MoU), heads of terms (HoT) or some sort of letter of award (LoA)?
While I don’t have figures for this but from my experience it is a lot – maybe half. More worrying, my main experience of this comes from dealing with disputes. …
By Faisal Attia and Zane Anani
Under the UAE Civil Code there are three ways to terminate a contract: by consent, by operation of law and by court order (Article 267). Articles 892 to 896 of the UAE Civil Code also deal with the issue of termination of muqawala contracts, which are contracts for works (i.e. construction contracts). …
Terminating Construction Contracts For Convenience In The UAERead More »
You can benefit from the FIDIC Contracts Committee’s direct guidance by attending this year’s official FIDIC International Contract Users event. They’ll be joined by world-class lawyers, top engineers and contract users from a range of leading companies to make sure that delegates go away with a comprehensive and balanced understanding of the latest contract developments. …
FIDIC’s biggest Contract Users’ event is just two weeks awayRead More »
By Samer Skaik, Jeremy Coggins and Anthony Mills
In Australia, statutory construction adjudication has recently received a lot of criticism due to the increasing amount of determinations that have been quashed upon judicial review, and anecdotal evidence from some quarters showing dissatisfaction with the quality of adjudication decisions. Such criticism is particularly aimed at adjudications of large and technically and legally complex payment disputes, where adjudicators are under pressure to consider substantial volumes of submissions in very tight timeframes.
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A PROPOSED ROADMAP TO OPTIMISE THE ADJUDICATION OF COMPLEX PAYMENT DISPUTES IN AUSTRALIARead More »
By Dean O’Leary
It is trite that many projects in the UAE are completed late. The issues flowing from late completion are: (i) what was the cause; (ii) who was responsible; and (iii) what compensation is due (if any). …
The Importance Of As-Built Programmes In Construction DisputesRead More »
By Samer Skaik, Jeremy Coggins and Anthony Mills
Statutory adjudication has been enacted throughout Australia on a state-by-state basis. The original enacting legislation may be broadly divided into two models which have become known as the East Coast and West Coast models. The East Coast model adjudication scheme – which is operational in NSW, Victoria, Queensland, Tasmania, ACT and South Australia – has in recent times come under much criticism for failing to facilitate determinations of sufficient quality with respect to large and/or complex payment claims. …
By Faisal Attia
Liquidated damages clauses (or penalties clauses) are widely used in construction contracts worldwide. The employer is entitled to deduct a specified and pre-agreed amount of money from the contractor by way of compensation for failure to progress the works to meet set milestones or the date for completion of the works. …
By Pamela Mcdonald
All contractors, whether in Qatar or elsewhere, want certainty as to their contractual obligations. Contractors want to know well in advance what their potential exposure is if those obligations are breached.
What are they liable for if they are late in completing the works? How secure are the damages for late completion that are specified in advance in the contract?
Liquidated damages (LD) provisions in construction contracts fix a sum that is payable by the contractor in the event that it is late in completing works. …
By Samer Skaik, Jeremy Coggins, Anthony Mills
Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other documents, expert witness reports to support their arguments. The increase in documentation that an adjudicator must consider poses a threat to the integrity of the adjudicator’s determination. …
How should adjudicators deal with expert reports in Australia?Read More »
