Construction Law

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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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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Construction Industry, Construction Law, Contract Administration, Procurement Management, Project Management, Security of Payment

The Importance of Timely Payments in the UAE Construction Industry: Challenges and Solutions

By Dr Samer Skaik

Cash flow is the lifeblood of the construction industry, and timely payments are essential for maintaining a healthy financial ecosystem. In the UAE, delayed or non-payment by employers has become a significant issue, leading to severe cash flow problems for contractors and their supply chains. These disruptions not only impact the construction companies but also have broader implications for the UAE’s economy, where construction contributes significantly to the GDP.

Traditionally, contractors claim payments upon completing specific project milestones, with payments made on a monthly basis or as specified in the contract. However, various factors can jeopardize this smooth cash flow, causing delays that ripple through the entire supply chain. Delayed payments can lead to project delays, disputes, and reduced profitability, and in extreme cases, even push contractors and subcontractors toward insolvency. …

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

Navigating Nomination Procedures in Construction Contracts: Insights and Challenges

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. …

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Construction Industry, Construction Law, General Management, Procurement Management, Project Management

Navigating the Insolvency Risks in the Australian Construction Industry: Insights from a Recent Study

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. …

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Construction Industry, Construction Law, Contract Administration, Procurement Management

How to Deal with Provisional Sums Under FIDIC 1999

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. …

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Construction Law, Security of Payment, Statutory Adjudication

The Evolution of Judicial Review of Adjudication Determinations

By Dr Samer Skaik

The judicial review of adjudication determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) has evolved significantly over the years, reflecting a shifting legal landscape and its impact on the construction industry. This evolution, shaped by landmark cases and legislative intent, has had far-reaching implications for the adjudication process. …

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Construction Law, Security of Payment, Statutory Adjudication

The Court’s Approach When Intervening in Adjudication

By Dr Samer Skaik

The intersection of adjudication and judicial intervention in construction disputes presents a complex legal landscape, often necessitating the use of injunctions to address specific issues. This post provides an in-depth exploration of the court’s approach when intervening in adjudication, drawing insights from recent legal cases and judicial interpretations. …

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

Navigating the Adjudication Process under the Building and Construction Industry Security of Payment Act 1999 (NSW)

By Dr Samer Skaik

The adjudication process, governed by the Building and Construction Industry Security of Payment Act 1999 (NSW), plays a crucial role in ensuring the speedy resolution of payment disputes within the construction industry. Let’s delve into the intricate details of this process and the key considerations for both claimants and respondents: …

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

How to Approach Security of Payment Claims in Construction Contracts under the New South Wales Model?

By Dr Samer Skaik

In the construction industry, ensuring timely and fair payment for work done is crucial for the smooth functioning of projects. Understanding the statutory right to progress payment and the adjudication mechanism outlined in the Building and Construction Industry Security of Payment Act 1999 (NSW) is essential for construction professionals to effectively manage security of payment claims. Here’s a practical guide on understanding how to approach security of payment claims: …

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