FIDIC’s official Contract Users’ Series travels the globe delivering best practice advice for selecting, using and managing the range of FIDIC contracts.
It’s the turn of the Middle East – the 7th FIDIC Middle East Contract Users’ Series will take place next month in Dubai.
As a reader of CMGuide you’re eligible for a 10% saving. …
By Faisal Attia and Zane Anani
Under the UAE Civil Code there are three ways to terminate a contract: by consent, by operation of law and by court order (Article 267). Articles 892 to 896 of the UAE Civil Code also deal with the issue of termination of muqawala contracts, which are contracts for works (i.e. construction contracts). …
Terminating Construction Contracts For Convenience In The UAERead More »
You can benefit from the FIDIC Contracts Committee’s direct guidance by attending this year’s official FIDIC International Contract Users event. They’ll be joined by world-class lawyers, top engineers and contract users from a range of leading companies to make sure that delegates go away with a comprehensive and balanced understanding of the latest contract developments. …
FIDIC’s biggest Contract Users’ event is just two weeks awayRead More »
By Samer Skaik, Jeremy Coggins and Anthony Mills
In Australia, statutory construction adjudication has recently received a lot of criticism due to the increasing amount of determinations that have been quashed upon judicial review, and anecdotal evidence from some quarters showing dissatisfaction with the quality of adjudication decisions. Such criticism is particularly aimed at adjudications of large and technically and legally complex payment disputes, where adjudicators are under pressure to consider substantial volumes of submissions in very tight timeframes.
…
A PROPOSED ROADMAP TO OPTIMISE THE ADJUDICATION OF COMPLEX PAYMENT DISPUTES IN AUSTRALIARead More »
By Dean O’Leary
It is trite that many projects in the UAE are completed late. The issues flowing from late completion are: (i) what was the cause; (ii) who was responsible; and (iii) what compensation is due (if any). …
The Importance Of As-Built Programmes In Construction DisputesRead More »
By Samer Skaik, Jeremy Coggins and Anthony Mills
Statutory adjudication has been enacted throughout Australia on a state-by-state basis. The original enacting legislation may be broadly divided into two models which have become known as the East Coast and West Coast models. The East Coast model adjudication scheme – which is operational in NSW, Victoria, Queensland, Tasmania, ACT and South Australia – has in recent times come under much criticism for failing to facilitate determinations of sufficient quality with respect to large and/or complex payment claims. …
By Pamela Mcdonald
All contractors, whether in Qatar or elsewhere, want certainty as to their contractual obligations. Contractors want to know well in advance what their potential exposure is if those obligations are breached.
What are they liable for if they are late in completing the works? How secure are the damages for late completion that are specified in advance in the contract?
Liquidated damages (LD) provisions in construction contracts fix a sum that is payable by the contractor in the event that it is late in completing works. …
By Samer Skaik
In complex high rise projects, employers tend to fast track works where construction can begin while design is still incomplete following three main phases of procurement. Shoring system and piling are firstly procured and awarded to an enabling contractor. Upon completion of enabling works, main design and traditional tendering of the second phase can be concluded in order for main construction works to commence on site. While main work is progressing, design of specialist packages will be completed and nominated subcontractors are appointed in a timely manner shaping the third phase of procurement. Such common phased construction usually results in substantial time saving in project life cycle. However, many fast track projects suffer time and cost overruns due to inherent risks of fast tracking such as design deficiencies and ambiguities in risk allocation between involved parties. This paper aims to investigate pros and cons of fast track procurement approach for complex high rise projects and examine how relevant risks are allocated among enabling contractors, main contractors, nominated subcontractors and project consultants in theory and practice. …
By By Vasanth Kumar
It is understandable that no construction project is risk-free as risk is inherent in the contracting business. Project risks could arise from factors such as natural, political, social, economic, legal, and general behaviours. Whilst risks can be managed, minimised, shared, transferred, or accepted, they cannot just be simply ignored.
The common ways of handling risks in construction contracts are by means of due diligence, insurance, quantifying damages, indemnity, and enforcing liability caps of parties. …
By Saifee M. Tarwala
Ultimately, almost every construction project will vary from its initial design, scope, and definition.
Hardly any project is executed as per the original contract scope prepared by architects and engineers; changes are inevitable due to factors such as technological advancements, statutory enforcement, geographical and geological considerations, and non-availability of specified materials.
Standard forms of contract typically include express provisions, giving engineers the power to amend orders when such changes become necessary (FIDIC Clause 51.1). This clause is designed to facilitate the smooth administration of works and contracts. …
The Construction Law Summer School is the most comprehensive event in IBC Legal’s Construction Law & Engineering Series and is therefore the ideal choice for anyone on your team looking to gain a thorough understanding and international update of the area.
The conference combines case studies, discussion groups, Q&A sessions, presentations, workshops and a different social activity every evening – allowing your team to gain the maximum learning benefit from the 20+ international speakers. …
What’s happening at IBC Legal’s most comprehensive construction law event in 2015?Read More »
Equip your team with guidance on how best to minimise risks, avoid unnecessary conflicts and cut the costs of resolving disputes by getting guidance from 35 speakers at the Construction Law: Contracts & Dispute Management conference.
Taking place in London, delegates will be able to focus their time but choosing from these five separately bookable segments… …
