Project Management

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 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 Law, Contract Administration, Project Management

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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Project Management

The Role of Emotional Intelligence in Construction Project Management: Key Findings and Future Directions

By Dr Samer Skaik

The construction industry, known for its complexity and high-pressure environment, has recently seen a growing interest in the application of Emotional Intelligence (EI) within project management. A recent study has explored this emerging field, revealing both the current state of research and providing recommendations for future studies. …

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Construction Law, Contract Administration, Project Management

Navigating Nomination Procedures in Construction Contracts: Insights and Challenges

By Dr Samer Skaik

In the realm of construction project management, nomination procedures play a pivotal role in determining how subcontractors are selected and engaged. These procedures have evolved significantly over time to address various shortcomings and complexities inherent in subcontractor nomination. This blog post explores the intricacies of nomination procedures, the risks associated with them, and strategies for improving their effectiveness. …

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Construction Law, Project Management

Navigating the Insolvency Risks in the Australian Construction Industry: Insights from a Recent Study

By Dr Samer Skaik

Insolvency is a pressing concern within the Australian Construction Industry (ACI), where businesses face significantly higher risks compared to other sectors. This challenge is not unique to Australia, as construction industries globally experience similar issues. However, the causes of insolvency can vary widely across different regions, prompting the need for tailored approaches to predict and manage these risks.

A recent study has shed light on the critical factors contributing to insolvency within the ACI, offering a theoretical framework that prioritizes these factors based on their relative importance. This framework, derived from a rigorous systematic literature review (SLR) and supplemented by data from the Australian Securities and Investments Commission (ASIC), highlights both quantitative and qualitative factors essential for predicting insolvency. …

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Contract Administration, Project Management

Mastering Subcontract Nomination in Construction: Key Strategies for Success

By Dr Samer Skaik

Subcontract nomination is a pivotal practice in the construction industry, offering significant advantages in project management. It allows the Employer to maintain control over cost, quality, and time while ensuring the involvement of specialized subcontractors. Despite the challenges and complexities associated with this approach, subcontract nomination remains a valuable tool for optimizing project outcomes. This blog delves into the essentials of subcontract nomination, exploring its benefits, strategic applications, and the types of subcontracting arrangements that can enhance project efficiency. …

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Contract Administration, Project Management

Dealing with Variations: A Contractor’s Guide to Handling Superintendent Refusals

As a contractor, navigating the complexities of construction contracts is an integral part of your role. One common challenge that contractors often encounter is when the superintendent refuses to grant variations in construction contracts. This can be a frustrating and potentially costly situation, but there are steps and strategies you can employ to effectively handle this scenario.

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Contract Administration, Project Management

Navigating Latent Conditions in Construction Contracts: A Practical Guide for Contractors

Construction projects are often complex endeavors with various stakeholders, timelines, and unforeseen challenges. One such challenge that contractors frequently encounter is latent conditions. These hidden or unexpected conditions can significantly impact project timelines, budgets, and overall success if not properly addressed. In this guide, we will delve into what latent conditions are, how they can affect construction projects, and strategies for contractors to effectively manage them during project execution.

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Contract Administration, Project Management

How to Deal with Variations in Construction Contracts?

Variations are changes to the scope of work required under a construction contract. They can be requested by either the owner or the contractor, or arise due to unforeseen circumstances, such as government regulations, latent conditions, or design errors. Variations can have significant impacts on the cost, time, and quality of the project, and are a common source of disputes and litigation in the construction industry. Therefore, it is important to understand how to manage variations effectively and avoid potential risks and liabilities. …

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