Contract Administration

Construction Law, Contract Administration, Contractual Adjudication, Project Management

Can A Party Be Prevented From Referring A Dispute To Adjudication?

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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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Contract Administration

Green Routine

By M. Vasanth Kumar

The construction industry is often criticised for neglecting environmental issues in favour of profit.

While the industry as a whole is actively pursuing the building of green building projects, the flip side is that not all companies who are accredited to Green Building Council membership nor all LEED-accredited professionals follow or encourage others to follow eco-friendly practices in their day-to-day tasks. …

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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, 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, 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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Construction Law, Contract Administration, Project Management

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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