Construction Law

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

Hiring a consultant? Check these points

By DAVID JOHNSTON

PROFESSIONAL consultants are engaged on construction projects to provide specialist advice. The type of consultants appointed can range from architects, mechanical and structural engineers and surveyors to specialist consultants in fields such as safety, planning and traffic management.

Yet the terms of the professional appointments under which each tends to be engaged are very similar, with only the services schedules being truly distinct. …

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Construction Industry, Construction Law, Contract Administration, Procurement Management

Projects boom will pose challenges

By KATIE LISZKA

Dubai will become the first Middle Eastern city to host the World Expo, when it stages the event in 2020. These international showcases of technology, architecture and culture, which are held every five years, are large public exhibitions that attract millions of visitors.

The event is expected to attract billions of dollars in investment to the UAE. It is projected that the six-month-long exhibition will attract approximately 25 million visitors. The government has budgeted for at least $8 billion worth of new projects for the event, in addition to existing plans for mega projects in the emirate. …

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

Pitfalls & Tips of Dealing with Subcontract Nomination under FIDIC and UAE Civil Law

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AACEI is pleased to announce its next Technical Event on 24th June 2014, Tuesday between 6:30 PM and 8:30 PM

Event Type     :  Technical Presentation
Event Title      :  Pitfalls & Tips of Dealing with Subcontract Nomination under FIDIC and UAE Civil Law (Flyer Attached)
Date & Time   :  24th June 2014, Tuesday – 6:30 PM to 8:30 PM
Venue            :  Hotel Gloria, Opp to Internetcity Metro Station, SZ Road, Dubai (Location Map Attached) …

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

How best to use FIDIC contracts in Asia-Pacific?

FIDIC’s 6th Asia-Pacific Contract Users’ conference is your annual opportunity for comprehensive best practice advice on selecting and using the range of FIDIC contracts, understanding the implications of the latest contract amendments, ensuring your projects run on time and within budget, resolving disputes and much more… …

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Construction Law, Contract Administration

Making A Claim Under Sub-Clause 20.1 Of The FIDIC Form

By Jeremy Glover

Cases in the courts involving the FIDIC form of contract are rare, because they tend to include an arbitration clause. However in the case of Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014] EWHC 1028 (TCC) was an exception.

This was a lengthy decision relating to a tunnel under a runway at Gibraltar airport, where Mr Justice Akenhead had to consider whether or not the employer, was entitled to terminate the contract. The contract was the FIDIC Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant, and for Building and Engineering Works, Designed by the contractor, 1st edition, 1999 (better known as the “Yellow Book”). …

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Construction Law, Contract Administration, Project Management

Can A Party Be Prevented From Referring A Dispute To Adjudication?

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By Shona Frame

FIDIC Conditions require the contractor to give notice of a claim for extension of time (EOT) not later than 28 days after the contractor became aware, or should have become aware, of the event or circumstances giving rise to the claim. The Technology and Construction Court (TCC) in London has recently adopted a relaxed interpretation of this requirement. …

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

Construction Law: Contracts & Dispute Management

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And as a reader of CMGuide you can get a 10% saving – quote VIP code FKW82468CMGP …

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Construction Industry, Construction Law, Contract Administration, Statutory Adjudication

Breaking up disputes

Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court procedure. It has become increasingly popular in construction contracts as a fast and efficient means of resolving disputes.

Adjudication is now a statutory requirement in Malaysia, and Qatar is considering making it mandatory for its World Cup projects. …

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Construction Law

Meidation in the UAE

By Clare Raven

There are a number of formal types of mediation in the UAE and sometimes disputing parties adopt informal mediations in order to try to resolve their disputes. In this article Clare Raven of Hadef & Partners will consider the more frequently used types of mediation deployed in the UAE with a particular focus on Dubai. This is not intended to be an exhaustive discussion of all types of mediation. …

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Construction Law, Contract Administration

Termination For Construction Contracts: UAE Perspective

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By Heba Othman
A common scenario: the Employer is not happy with the Contractor’s performance, whether because of failure to perform the works in the manner provided for in the Contract or because of some other breach of the Contract. The Employer picks up the Contract, which – in the UAE – is usually some modified FIDIC standard form, in search of the termination provision. Most such termination provisions require the Employer to send the Contractor a notice to correct the failure or the breach within a specified period. If the Contractor fails to correct the breach, then the Employer becomes entitled to terminate the Contract. The Employer, feeling confident of its legal position, sends the termination notice. The Employer is satisfied that it has correctly terminated the contract. …

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Construction Law

RECOVERING LEGAL COSTS IN DIAC ARBITRATIONS

by Robert Karrar-Lewsley

The Dubai International Arbitration Centre (DIAC) is the most widely used arbitration centre in the region. It has a modern set of rules that generally work well. However a recent Dubai Court of Cassation judgment has confirmed what many believe to be a flaw in its rules: they do not grant the tribunal power to order the recovery of legal costs.Therefore in the absence of express agreement by the parties, legal costs are not recoverable in a DIAC arbitration. This article puts this recent judgment in context and offers guidance as to how parties might still recover their legal fees in a DIAC arbitration. …

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