by Mukund Karnick
In his second article, Mukund Karnick, senior contracts advisor at Nakheel’s Palm Jebel Ali, broaches the topic of Nominated Subcontractors (NSC). The benefits of introducing Nominated Subcontractors (NSC) in tenders By introducing NSC in tenders, the client: …
By Robert Palles-Clark
In my previous article for the Legal Review, I argued that, in the case of a claim for delay on a construction project, the courts are directing us towards the need for some sort of critical path analysis to be provided as part of the evidential material required to prove the claim. There are plenty of planners out there that will tell you that the use of critical path analysis for this purpose is essential. It is certainly the norm ultimately for both parties to an arbitration or litigation concerning delays to appoint planning experts and for those experts to present their critical path model and analysis of the delays contended for. In this article I thought that it would be interesting to examine some of the many problems associated with the requirement and use of such techniques. …
Problems with using critical path analysis for proving delay claimsRead More »
by Chris Larkin
The construction market in the UAE poses many challenges: the number and scale of projects have generated a tremendous demand for construction services; the weakening of the US dollar against other major currencies coupled with other inflationary factors has further increased the cost of construction; and the potential impact on the global economy caused by difficulties in the US sub-prime market has created uncertainty amongst investors. These issues give rise to particular risks for developers and contractors alike. …
by Conrad Egbert
A lack of government indices and statistics for the UAE construction sector is making it difficult to incorporate ‘escalation clauses’ into contracts, according to industry experts. …
by Steven Hunt
sense that, for many contractors, ‘taking over’ is seen as the moment when the proverbial foot can come off the gas – the time when the contractor is finally relieved of the burden of delivering the project. For a contractor the process of taking over is an important one as the care of the works will pass to the employer and the employer’s entitlement to recover liquidated damages will cease. It is not, however, the end of the story for the contractor as he will remain liable for defective workmanship and materials beyond handover. …
Take care when taking over: Contractor liability explainedRead More »
by Ian Ingram-Johnson
Memories of the GCC, being an island of opportunity for contractors to shelter from worldwide economic storms, are now distant in most people’s minds.
The contracting landscape is so changed from a year ago that it is barely recognisable. Simply put, there is less money for clients, less business for contractors and the fear of insolvency for certain key players. …
Martin Preston* of Norton Rose focuses on payment issues that need to be considered between the Grantor** and Company*** in relation to concession agreements ranging from utility developments to large-scale property developments in the region. …
Amid the current global financial crisis, the construction market has seen a downturn, exposing contractors to risks. JONATHAN BRUFAL* discusses crucial issues contractors might face if the contracted party calls for a change in terms. …
by Nick Carnell
Both the 1987 and 1999 editions of the FIDIC standard form contain a number of requirements that particular things shall be done within a set period of time. …
by Antonios Dimitracopoulos
As a result of the termination or indefinite suspension of projects en masse, over the last two to three months, irate contractors were seeking urgent advice from their lawyers on their legal position, as well as on the process and cost of dispute resolution options. …
Dithering trends in case of suspension or terminationRead More »
by Dennis Brand
For termination of a contract due to default by the Contractor, FIDIC 4th Edition provides remedies for the employer in Clause 63.1 which, save for a fairly common provision relating to the contractor’s bankruptcy, liquidation or dissolution, requires a certificate to be issued by the engineer stating (a) that the contractor has repudiated the contract, or (b) without reasonable excuse has failed to commence or proceed with the works following a 28-day notice, or (c) has failed to comply with a specific notice or instruction concerning rejection and/or removal of improper work, materials or plant, or (d) despite previous warning from the engineer, is neglecting to comply with any of the contractor’s obligations, or (e) has contravened the provisions of the contract related to sub-contracting, in which case, upon the employer giving 14 days’ notice to the contractor, may enter upon the site and terminate the contract. …
I believe the economic slowdown is not a bad thing at all, but a golden opportunity for Dubai to start anew. In order to survive these tough market conditions, I’ve listed five essential strategies that developers must adopt. …
Survive the crisis: five top tactics for developersRead More »
