Construction Law

Construction Law, Contract Administration, Statutory Adjudication

The impact of flawed appointment on the quality of adjudication outcome

By Samer Skaik

Quality of adjudication decisions under the Security of Payment legislation may mean different things to different people. The ultimate yardstick by which adjudication quality can be measured is to be found in the legal accuracy – both in terms of procedural and substantive fairness – of adjudication decisions whether such decisions involve a determination on the merits or dismissal for want of jurisdiction. However, recognising that there is a trade-off between fairness and efficiency in dispute resolution,[1] this criterion needs to be calibrated in the light of the legislative objective, being to provide a rapid dispute resolution procedure in order to expedite cash flow on construction contracts. Thus, it would clearly be absurd to hold adjudication decisions up to as higher level of scrutiny as in arbitration or litigation. …

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Construction Law, Contract Administration, Project Management, Statutory Adjudication

The Mechanism of the Australian Statutory Adjudication in a Nutshell

By Samer Skaik

Many construction practitioners in Australia face difficulties in understanding the mechanism of the Statutory Adjudication and how it differs from a State to another. While it is important to point out that the Australian Acts are different, there are a number of common mechanisms. Typically, a person entitled to a progress payment for carrying out construction work (or supplying related goods and services) had to seek recovery of any unpaid amounts via lengthy legal proceedings in arbitration or court. As such, parliament enacted the Security of Payment (SoP) legislation to protect the rights of such persons and facilitate rapid recovery of due payment. The SoP legislation provides statutory rights enabling quick and inexpensive recovery of progress payment for any subcontractor or supplier performing construction works or supplying related goods and services. To facilitate these rights, the SoP introduced a rapid adjudication process to resolve payments disputes. …

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Construction Law, Contract Administration, Statutory Adjudication

Towards shaping better criteria of diagnosing complex construction adjudications

By Samer Skaik

Many commentators have suggested that,[1] the “one size fits all” approach taken by the Australian security of payment legislation (save for Queensland) is no longer appropriate (if indeed it ever was) for producing quality outcomes in adjudications of complex payment claims, where larger and more difficult payment disputes are involved. …

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Construction Law, Contract Administration

Unforeseen Ground Conditions In Qatar And Risk Mitigation

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by Laura Warren and Alexa Hall

Site condition risk is not static. All too often, during the course of construction, contractors encounter subsurface conditions that differ from those set out in information provided by its employer or anticipated in their bids, or come across unforeseeable or undetected site conditions in the field. Such discoveries can cause schedule delays, cost increases and dangerous working, invalidate design assumptions and ultimately pave the way to litigation. One size does not fit all and the site condition risk is unique for each and every project. In the context of site risks, there is no substitute for signing a clear contract which, where possible, identifies such risks, and particularises precisely what the parties should do if they eventuate. …

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Construction Law, Contract Administration

What is FIDIC’s latest advice for Africa?

Find out next month at their 2nd annual Africa Contract Users’ conference.

This official FIDIC event is designed specifically for contract users in Africa and will explore the must-know areas of FIDIC such as claims, risk allocation, dispute resolution and much more besides.

You’ll also get the inside track on the latest contract changes and amendments that are due to come out in early 2017 – presented to you by the very people responsible for implementing these changes! …

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Construction Law, Contract Administration, Statutory Adjudication

Forthcoming: My four book chapters on Australia within “International Contractual and Statutory Adjudication” Book

By Samer Skaik

I am thrilled that my four peer reviewed book chapters on Australian Statutory Adjudication will be available in9781138239623 the market in Feb 2017 under “International Contractual and Statutory Adjudication” book which is edited by Andrew Burr and being published by Informa Law from Routledge.

This is the breakdown of the chapters:

  1. Australia: the East Coast Model with New South Wales as the Principal Legislation
  2. Australia: the East Coast Model: Victoria, Tasmania, The Australian Capital Territory and South Australia
  3. Australia: the East Coast Model: Queensland
  4. Australia: the West Coast model

Those chapters will be added to the already published three journal papers to form the main chapters of my PhD ‘thesis by publication’. …

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Construction Law, Contract Administration

Applicability and legal entitlement to interest under UAE law

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By Andrew MacCuish and Sai Dandekar

When pursuing a debt, it is common to add a claim for interest on the monies due.  However, the right to claim interest is often an area of confusion for contracting parties in the UAE, since Sharia Law prohibits the payment of interest (termed “Riba”), whether compound or simple.

The basis for this is the fact that Sharia Law, in pursuit of the objective of establishing justice and eliminating exploitation in business transactions, prohibits all sources of unjustified enrichment and all dealings in transactions that contain excessive risk or speculation. …

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