Construction Law

Construction Law, Statutory Adjudication

Statutory Adjudication Reform: New discussion papers in ACT, NSW and Queensland

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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Construction Law, Contract Administration, Project Management

FIDIC’s Contract Users’ Series comes to Dubai

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. …

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Construction Law, Contract Administration

The risks of adopting informal contracts

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. …

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Construction Law, Contract Administration, Project Management

Terminating Construction Contracts For Convenience In The UAE

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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). …

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Construction Law, Contract Administration, Project Management, Statutory Adjudication

A PROPOSED ROADMAP TO OPTIMISE THE ADJUDICATION OF COMPLEX PAYMENT DISPUTES IN AUSTRALIA

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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Construction Law, Contract Administration, Project Management, Statutory Adjudication

INVESTIGATING THE FACTORS INFLUENCING THE QUALITY OF ADJUDICATION OF COMPLEX PAYMENT DISPUTES IN AUSTRALIA

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. …

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Construction Law, Contract Administration, Project Management

Expect The Unexpected

By Pamela Mcdonald

All contractors, whether in Qatar or elsewhere, want certainty as to their contractual obligations. Contractors want to know well in advance what their potential exposure is if those obligations are breached.

What are they liable for if they are late in completing the works? How secure are the damages for late completion that are specified in advance in the contract?

Liquidated damages (LD) provisions in construction contracts fix a sum that is payable by the contractor in the event that it is late in completing works. …

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Construction Law, Contract Administration, Statutory Adjudication

How should adjudicators deal with expert reports in Australia?

By Samer Skaik, Jeremy Coggins, Anthony Mills

Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other documents, expert witness reports to support their arguments. The increase in documentation that an adjudicator must consider poses a threat to the integrity of the adjudicator’s determination. …

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