Construction Law

Construction Law

Time to clean up the flaws in the laws

By Sarachandra Bose

Arbitration is used as one of the alternate dispute resolutions to resolve disputes between parties. It is considered as cost effective and less time consuming, unlike conventional court litigation.

But is it so? I do not think so. Let me quote a recent example in which I was involved. I represented three claimants in arbitration in Dubai involving millions of dirhams. The dispute between the parties started in 2001. Since there was an arbitration clause in the agreement, the Dubai Court appointed a single arbitrator to settle the disputes.

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Construction Industry, Construction Law, Contract Administration

Surviving the Slowdown: A Current Analysis of the UAE Construction Industry

by Omar Al Saadoon

The title of this article does not suggest the fear of stakeholders in the construction industry in the UAE or any other country affected by the global downturn is wholly irrational. No, on the contrary, the fact the UAE is currently experiencing a dramatic and unprecedented slowdown in its construction industry (which apparently accounts in part for Dubai’s first budget deficit in 2009) is symptomatic of the global fear of the instability of global financial markets and the ability of banks to lend to the public and each other. It is difficult to guage the actual effect of the downturn on the local construction industry given the UAE does not publish its GDP date on a quarterly basis. …

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Construction Law, Contract Administration

Good form for resolution

by Joe Colgan

For a market whose construction projects are almost beyond imagination in terms of scale and design, the UAE’s contracting policy, when compared to the UK’s, is languishing in the past.

Whilst the UK has introduced novel forms of procurement and contract, such as PFI, PPP and the NEC, virtually all contracts in the UAE are executed using the FIDIC conditions of contract.

Both the 1987 and 1999 forms are used to varying degrees, with bespoke project requirements generally picked up in the Particular Conditions of Contract (PCCs). …

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Construction Law

What law and forum to select?

by KK Sarachandra Bose
Organisation of business is a matter of municipal laws. As such, the organisational form that a business can assume depends on its place of creation. While entering into contracts, it is important for the contracting parties to understand the legal system in the country. The legal system in one country can vary greatly from that in another. …

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Construction Law, Contract Administration

Termination of the contract

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by Dennis Brand
For termination of a contract due to default by the Contractor, FIDIC 4th Edition provides remedies for the employer in Clause 63.1 which, save for a fairly common provision relating to the contractor’s bankruptcy, liquidation or dissolution, requires a certificate to be issued by the engineer stating (a) that the contractor has repudiated the contract, or (b) without reasonable excuse has failed to commence or proceed with the works following a 28-day notice, or (c) has failed to comply with a specific notice or instruction concerning rejection and/or removal of improper work, materials or plant, or (d) despite previous warning from the engineer, is neglecting to comply with any of the contractor’s obligations, or (e) has contravened the provisions of the contract related to sub-contracting, in which case, upon the employer giving 14 days’ notice to the contractor, may enter upon the site and terminate the contract. …

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Construction Law, Contract Administration

The UAE’s new arbitration law: is there an easier way?

2 Comments

by Anthony Edwards

 In May, Construction Week reported the UAE’s plan to finalise a new arbitration law, and highlighted various criticisms of the current draft. One contributor was quoted saying that “The point (in arbitration)…is beaten if things get complicated”. Review of the current draft suggests that the criticism reported in May could hardly have abated. …

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Construction Law

PWA’s general conditions of contract and the applicable provision of law no. 22 of 2004 (Civil Code of Qatar)

By: ‎Rey I. Madroño
‎(Construction-Contracts Lawyer & Engineer)‎

IntroductionThe Civil Code of Qatar, Law No. 22 of 2004 took effect on 30 June ‎‎2004. This relatively new law is a variant of the Civil Code of Egypt with ‎modifications but majority of the provisions on Obligations and ‎Contracts under the Egyptian Civil Code are retained with minor ‎changes under Law No. 22.‎ …

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