Contract Administration

Construction Law, Contract Administration, Project Management

Prevention Over Cure: The Power of Dispute Boards in Construction

Construction projects, especially large-scale infrastructure developments, are inherently complex. They involve numerous stakeholders, intricate technical challenges, tight deadlines, and substantial financial investments. It’s no surprise that disputes are a common occurrence, often leading to costly delays, strained relationships, and even project abandonment.

However, a growing international trend, championed by organizations like FIDIC (International Federation of Consulting Engineers) and the Dispute Resolution Board Foundation (DRBF), offers a more proactive and effective approach: the Dispute Board (DB). Far from being a reactive mechanism for conflict resolution, DBs are increasingly seen as vital tools for dispute avoidance, transforming the adversarial nature of construction into a more collaborative and efficient process. …

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Construction Law, Contract Administration, Procurement Management, Project Management

From BOQ First to TOC Fights: Untangling Document Hierarchy and Handover Rights in FIDIC

By Dr Samer Skaik

What happens when a contractor is blamed for missing items, NCRs remain unresolved, and an Engineer refuses to issue the Taking-Over Certificate—even after the Employer starts using the facility? This real-world scenario raises important questions about contractual liability, document precedence, and possession under FIDIC 1999.

In this post, we examine a case involving a partial handover, missing panels and modules, and lingering Civil Defense approvals. By referencing key clauses of FIDIC 1999—along with an important modification to Clause 1.5 in the Letter of Acceptance—we’ll clarify who bears what responsibility, and how contractors should respond. …

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Construction Industry, Construction Law, Contract Administration, Project Management

How Dispute Boards Operate Under FIDIC Contracts: A Guide in a Nutshell

Construction projects are complex, high-stakes endeavors where disputes can derail timelines, inflate budgets, and strain relationships. The International Federation of Consulting Engineers (FIDIC) provides a robust solution through its globally recognized standard contracts, which integrate Dispute Boards (DBs) as a cornerstone for conflict management. This educational blog post dives deep into the mechanics of Dispute Adjudication Boards (DABs) and Dispute Avoidance/Adjudication Boards (DAABs) under FIDIC’s 2017 Rainbow Suite, focusing on their appointment, proactive dispute avoidance, and resolution roles. Guided by FIDIC’s 2024 and 2023 Practice Notes, relevant provisions of the FIDIC 2017 contracts, and industry insights, we explore how DBs contribute to successful project delivery.

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Construction Law, Contract Administration

Lessons from FIDIC 1999: a recent case study

By Dr Samer Skaik

Contractors frequently face ambiguous documentation on construction projects—especially when variation orders reference unstamped or unofficial documents. This can lead to disputes over warranty obligations, scope of work, and cost entitlements. In this post, we break down a case involving an unstamped specification, a signed variation order, and updated IFC documents containing new warranty clauses. Using the FIDIC 1999 contract as a guide, we’ll outline how such issues should be handled to protect both contractors and employers.

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Contract Administration, Procurement Management, Project Management

The Pros and Cons of Fast-Tracking in Complex High-Rise Construction

By Dr Samer Skaik

Fast-tracking is a project management strategy that accelerates project delivery by overlapping the design and construction phases. This approach is particularly prevalent in complex high-rise projects, where the pressure to save time often leads construction firms to start building even before the design is fully completed. Although fast-tracking can significantly cut down project timelines, it also presents several challenges. …

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Construction Industry, Construction Law, Contract Administration, Project Management

Empowering the Engineer: Significant Advances in FIDIC 2017 Red Book Over 1999

The FIDIC Red Book, published by the International Federation of Consulting Engineers (FIDIC), is a widely used standard form of contract for construction projects where the Employer designs the works. The role of the Engineer, a pivotal figure in administering the contract, has undergone significant enhancements in the FIDIC 2017 Red Book compared to its 1999 predecessor. These improvements aim to promote fairness, clarity, and efficiency in contract administration. This blog post explores the key advancements in the Engineer’s role under FIDIC 2017, focusing on substantial changes and citing relevant clauses for educational purposes. For brevity, we will not dwell on aspects of the Engineer’s role that remain unchanged or have only minor differences between the two editions. …

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Construction Industry, Construction Law, Contract Administration, Project Management

Understanding FIDIC Golden Principles: A Guide for Construction Professionals

In this post, we dive into the FIDIC Golden Principles, a cornerstone of fair and balanced construction contracts globally. Whether you’re a contractor, engineer, or project manager, understanding these principles is essential for navigating international construction projects with confidence. Let’s explore what they are, why they matter, and how they impact your work.

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Construction Law, Contract Administration, Project Management

Navigating Changes to Site Conditions and Discrepancies Under FIDIC 1999

By Dr Samer Skaik

Construction projects often evolve due to site conditions that differ from those initially anticipated. One such scenario involves variations in foundation levels or discrepancies in material requirements, such as concrete compressive strength. In this post, we explore a real-world contractual challenge and the proper procedure for handling it under FIDIC 1999, offering guidance for contractors who face similar issues. …

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Construction Law, Contract Administration, Project Management

Understanding Contractor Remedies When the Employer Occupies and Uses Part of the Works Under FIDIC 1999

By Dr Samer Skaik

In the construction industry, disputes often arise when the Employer occupies or uses part of the works before the formal Taking Over Certificate (TOC) is issued. This situation can create challenges for Contractors, especially regarding their rights and obligations. This blog post addresses the Contractor’s remedies when such an occurrence happens, guided by FIDIC 1999 provisions. …

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Construction Industry, Construction Law, Contract Administration, Project Management

Understanding Contractors’ Rights and Liabilities in the UAE: Navigating the Legal Framework of Subcontract Nomination

By Dr Samer Skaik

Subcontractor nomination is a common practice in the UAE construction industry, often governed by the FIDIC suite of contracts and the local Civil Code. However, the legal intricacies surrounding the rights and liabilities of nominated subcontractors (NSCs) and Main Contractors (MCs) can be complex. This blog post explores the legal framework of subcontract nomination in the UAE, shedding light on the key issues of liability, contract privity, and the role of collateral warranties. …

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Construction Industry, Construction Law, Contract Administration, Procurement Management, Project Management, Security of Payment

The Importance of Timely Payments in the UAE Construction Industry: Challenges and Solutions

By Dr Samer Skaik

Cash flow is the lifeblood of the construction industry, and timely payments are essential for maintaining a healthy financial ecosystem. In the UAE, delayed or non-payment by employers has become a significant issue, leading to severe cash flow problems for contractors and their supply chains. These disruptions not only impact the construction companies but also have broader implications for the UAE’s economy, where construction contributes significantly to the GDP.

Traditionally, contractors claim payments upon completing specific project milestones, with payments made on a monthly basis or as specified in the contract. However, various factors can jeopardize this smooth cash flow, causing delays that ripple through the entire supply chain. Delayed payments can lead to project delays, disputes, and reduced profitability, and in extreme cases, even push contractors and subcontractors toward insolvency. …

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