by Dean O’Leary
Those familiar with construction disputes in the UAE will know that it is not unusual for experts to be involved in the dispute resolution process.
This article seeks to discuss where, when and which types of experts are used in the UAE. The article also touches on some of the criteria a party should consider when looking to retain an expert. …
The use of experts in construction disputes in the UAERead More »
by Abobakr Dafalla
When parties have differing views about what their contract means, or what its effect on their legal rights and obligations is, their differences must be settled by the court. The settlement of these differences is to a large extent governed by the proper construction (or interpretation) of the contract. In arriving at its conclusion the court applies relatively well-established principles of interpretation found in Chapter 4 of The Civil Transactions Act (commonly referred to as the Civil Code), under the title “Construction of Contracts”. Generally, no distinction is drawn between the ‘construction’ and ‘interpretation’ of contracts and the two terms are used interchangeably.OBJECTIVE OR SUBJECTIVE METHOD OF CONSTRUCTION
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THE INTERPRETATION OF CONTRACTS UNDER THE UAE CIVIL CODERead More »
by Ahmad Saleh & Daniel Goodwin
When a technology is a novel and inventive process, machine or composition (“invention”), contractors and
engineering consultants in the construction industry in Saudi Arabia should ask.
‘Is this invention valuable to my business?’ If the answer is ‘Yes’, then they should consider seeking patent
protection to protect their rights. …
Construction Contractors & Engineers in Saudi Arabia: Protect Your InnovationRead More »
by Dean O’Leary
One of the most problematic issues relating to construction delay claims is that of concurrency. Indeed, concurrency causes problems for many of those involved with construction claims, not only contract administrators (e.g., architects and engineers), but also for claims consultants, experts, lawyers and, apparently, even some members of the judiciary.[1] This article seeks to discuss the issue of concurrency in both an international and regional setting.[2] …
Dealing with Concurrency in Construction Delay ClaimsRead More »
An architect is under a duty to act fairly in certification and the granting of extensions of time. In the present case, the Superintendent had held the dual roles of project architect and Superintendent so that there was a real possibility of conflict. The employer was also under a duty to ensure that she arrived at a reasonable measurement of the value of the work. The court was entitled to open up and review her decisions. …
Architect’s duty to act fairly in certification and granting extensions of timeRead More »
By Parag Deulgaonkar
Dubai is experiencing a sound and balanced cyclical economic upswing with the real estate growth not being reminiscent of 2008, according to a Citi report
In mid-2008, the Dubai economy was being increasingly driven by construction activity, with developers building projects based on off-plan sales model, the global bank said in a new report released on Sunday. …
Camden Council’s challenge to an adjudicator’s awards has been dismissed by the Technology and Construction Court. The Council had argued that the adjudicator appointed to the dispute with contractor Sprunt Ltd.
Lacked jurisdiction because there was no contract in writing and because the adjudicator had been appointed by the Royal Institution of Chartered Surveyors (RICS) and not the Council itself. The judge found that there had been a contract based on a letter Sprunt had sent to the Council offering to reduce its fees by 5%. Both parties ‘ conduct after this had established that a contract was in place. The court also rejected the argument that Camden should be the Adjudication Nominating Body. It is a contravention of the Housing Grants, Construction and Regeneration Act 1996 for a contracting party to be an Adjudication Nominating Body as this would jeopardise the requirement that the adjudicator be impartial. …
IBC Legal’s most comprehensive construction law event is your team’s annual opportunity for 4 days of intensive learning and networking…
Construction Law Summer School – 14th Annual Conference
1st to 4th September 2014 – Downing College, Cambridge University, UK …
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. …
By KATIE LISZKA
Dubai will become the first Middle Eastern city to host the World Expo, when it stages the event in 2020. These international showcases of technology, architecture and culture, which are held every five years, are large public exhibitions that attract millions of visitors.
The event is expected to attract billions of dollars in investment to the UAE. It is projected that the six-month-long exhibition will attract approximately 25 million visitors. The government has budgeted for at least $8 billion worth of new projects for the event, in addition to existing plans for mega projects in the emirate. …
AACEI is pleased to announce its next Technical Event on 24th June 2014, Tuesday between 6:30 PM and 8:30 PM
Event Type : Technical Presentation
Event Title : Pitfalls & Tips of Dealing with Subcontract Nomination under FIDIC and UAE Civil Law (Flyer Attached)
Date & Time : 24th June 2014, Tuesday – 6:30 PM to 8:30 PM
Venue : Hotel Gloria, Opp to Internetcity Metro Station, SZ Road, Dubai (Location Map Attached) …
Pitfalls & Tips of Dealing with Subcontract Nomination under FIDIC and UAE Civil LawRead More »
FIDIC’s 6th Asia-Pacific Contract Users’ conference is your annual opportunity for comprehensive best practice advice on selecting and using the range of FIDIC contracts, understanding the implications of the latest contract amendments, ensuring your projects run on time and within budget, resolving disputes and much more… …
