In Australia, the courts have been inconsistent in their approaches to define jurisdictional facts upon which the jurisdiction of adjudicator can be determined. A very recent example is the case of Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2015] NSWCA 288. …
Apparently, the Appetite for further Reform of Security of Payment Laws in major Australian States is evolving. You might be interested to make submissions for the very recent discussion papers in the three States. The NSW and Qld papers have very interesting information on the operation of the SOP regime. Here is the detail:
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Statutory Adjudication Reform: New discussion papers in ACT, NSW and QueenslandRead More »
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 Jeremy Glover, Fenwick Elliott
The key features of sub-clause 20.1 of the FIDIC form are: …
Sub-Clause 20.1 – the FIDIC Time Bar under Common and Civil LawRead More »
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. …
