Contract Administration - CMGuide

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?

1 Comment

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 Industry, Construction Law, Contract Administration, Project Management

Beware adverse weather conditions

By Suzannah Newboult

Sandstorms and high wind speeds prevent the operation of cranes, extreme temperatures can impact on productively, and even unexpected heavy rainfall can effect site operations in Qatar. But is it the contractor or the client who should suffer the consequences of bad weather? …

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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, Contract Administration

SO YOU THINK YOU CAN ARBITRATE?

by Omar Khodeir

This article addresses situations where there is an arbitration agreement but the dispute is reviewed by the national courts instead of being referred to arbitration or the arbitration clause is contested. Minor issues could cause an unwanted outcome contrary to what the parties agreed to initially. …

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Construction Law, Contract Administration

Key issues in PPP agreements

By Martin Preston

WITH the exception of power and/or water desalination plants, the GCC states have tended to procure their infrastructure directly rather than looking to the public-private partnership (PPP) model. However, a number of GCC states are now looking to the PPP model as a means of procuring infrastructure projects outside the power and water sectors as well.

…

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Construction Law, Contract Administration, Project Management

The peace keepers

By Leonora Riesenburg

Alternative Dispute Resolution (ADR) is fast becoming a widely-accepted alternative to local court litigation. This is particularly true of arbitration.

Oddly, mediation is still heavily underused, which begs the question whether there is room for wider subscription in the UAE? In cultures where contracts are not always regarded as rigorous terms of engagement but rather as a framework intended to govern a commercial relationship, mediation is particularly well-placed to serve the settlement of differences at arm’s length before they escalate. …

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Construction Law, Contract Administration

DECENNIAL LIABILITY IN QATAR: A Contractor’s Adversary

by Hani Al Naddaf & Sarah Kelly

Decennial liability is a strict form of liability imposed by law on construction contractors and design professionals for the total or partial collapse of buildings they designed and/or constructed, or for the discovery of latent structural defects which imperil the safety or stability of such buildings, for a period of ten years after their completion and handover. …

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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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Civil Engineering, Construction Industry, Construction Law, Construction Technology, Contract Administration, General Management, PMP Hints, Procurement Management, Project Management, Sustainability

First-hand advice from the FIDIC contract drafters – tailored for the Middle East

FIDIC’s 5th Middle Eastern Contract Users’ conference is your annual opportunity to get best practice contract advice and updates on the contract amendments – directly from the very people who drafted them!

Samer Skaik, the Founder & Principal of Construction Management Guide, will once again be sharing his regional expertise at the event and will be joined by 18 other world-class experts. …

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