Procurement Management

Construction Law, Contract Administration, Procurement Management, Project Management

Bridging the contractual gap between an employer and a sub-contractor in the UAE

By Eric Teo

What are the rights of an employer in the event a nominated sub-contractor fails to deliver the standard or quality of material and workmanship that the employer had expected to receive? Common wisdom dictates that the employer would ordinarily seek recourse against the main contractor for the sub-contractor’s failure, but are there any alternatives?

To answer the above question we need to firstly understand that there are, in practice, two types of sub-contractors: domestic sub-contractors and nominated sub-contractors. Secondly, we should examine the contractual relationships between the three parties, i.e. the employer, the main contractor and the sub-contractor. …

Construction Law, Contract Administration, Procurement Management, Project Management

N is for the Novation

By Suzannah Newboult

When a party is substituted for another party to contract and assumes the original party’s rights and/or obligations, it does so either by way of ‘novation’ or ‘assignment’. Party A contracts with Party B. Party C is substituted for Party B. The contract is now between Party A and Party C.

If the substitution has occurred by way of novation, then the original contract is effectively replaced by a new contract on the same terms as if the new party, (Party C in the example above) was party to the contract from the outset. …

Construction Law, Contract Administration, Procurement Management, Project Management

Bridging the contractual gap between an employer and a sub-contractor

by Eric Teo

What are the rights of an employer in the event a nominated sub-contractor fails to deliver the standard or quality of material and workmanship that the employer had expected to receive? Common wisdom dictates that the employer would ordinarily seek recourse against the main contractor for the sub-contractor’s failure, but are there any alternatives? …

Construction Law, Contract Administration, General Management, Procurement Management, Project Management

CMGUIDE Founder to Speak at FIDIC Middle East – CMGUIDE Readers get a 20% saving!

FIDIC’s 4th Middle East Contract Users’ Conference
The essential annual review of the latest developments in the FIDIC suite of contracts From FIDIC for FIDIC users

Main Conference: 26th & 27th February – Workshops: 25th & 28th February – Dubai

We’re delighted to announce that Samer H. Skaik the founder & principal for Construction Management Guide will be speaking at the 4th FIDIC Middle East Contract Users’ conference. …

Construction Industry, Contract Administration, General Management, Procurement Management, Project Management

EPC Forum 2013

This EPC Forum 2013 will address the challenges faced by owners and EPC contractors from scope of work to delivery of project without compromising other aspects such as handling construction risk and cost management throughout the years. Take a step further to hear it from other key speakers around the globe and exploring new working opportunities around the world. …

Construction Industry, Contract Administration, General Management, Procurement Management

International Joint Ventures

At long last, specialists have agreed upon two model contracts for international joint ventures. Legal experts from a Geneva law firm who provided the initial drafts describe their features. For several decades, companies’ legal departments secretly developed their own tailor-made joint venture contracts. They couldn’t do otherwise: no international model existed and no one dared to propose one in view of the diversity of legal cultures and practices.
A joint venture is a classic type of strategic alliance between two or more companies. It can be long or short term,  It seemed that no model could suit all these needs and reconcile lawyers from diverse backgrounds. Yet the demand for international models was pressing. …

Contract Administration, Procurement Management

Turnkey Contracts

By Chris Wilcock
Managing complex disputes can be difficult. The recently-reported Australian case of Alstom v Yokogawa1 highlights how it can go horribly wrong. In March 2002, Alstom entered into a ‘turnkey’ contract with FPP as the owner. Alstom agreed to refurbish an ageing power station to meet a performance specification. The contract sum was AU$148m. There were staged completion requirements and significant delay damages. …

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

Opening and Closing remarks of Construction Lifecycle Risk Management Conference

Construction Lifecycle Risk Management Conference

Date: 17th & 18th April 2011

Venue: Sheraton Abu Dhabi Hotel & Resort, Abu Dhabi, UAE

Welcome and Opening Remarks by the Chairperson, Samer H SkaikWelcome and Opening Remarks by the Chairperson Samer H Skaik

Ladies and Gentlemen,

Good morning.

I am delighted to join our speakers in welcoming you all and open this Conference on “Construction lifecycle Risk Management” in Abu Dhabi.

It gives me great pleasure and honor to chair this conference. I am so happy that we have in this hall, dedicated individuals from different backgrounds and expertise, from various industries across the GCC region. Those delegates who travelled for miles remind us how important this conference is. Thank you all for coming.

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