claim - CMGuide

Suspension of works

1 Comment

by Dennis Brand

Until late last year I was frequently asked by those visiting the UAE and seeing the amount of construction being undertaken, when I thought the construction bubble in the UAE would burst.

My often repeated answer was that I did not think the bubble would burst as such, but would over time slowly deflate; how wrong I was. What we have seen over recent months as a result of what the experts tell us is result of the world wide economic downturn has resulted in an unprecedented number of projects and therefore contracts being suspended. …

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Construction Law

UAE laws do not favour contractor

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by Shikha Mishra

In light of the current economic downturn, contractors will have little legal recourse if payments for on-going projects get delayed, legal experts say.

The recent cancellation of the US $1.25 billion contract between Dubai-based Meydan and the Arabtec-WCT JV has led to concerns in the market over similar situations arising in the future and the legal recourse available to contractors. …

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Contract Administration

(Force Majeure) Superior force in tough times

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Force majeure is a French civil law concept, in English literally meaning “superior force.” In civil-law countries, such as the UAE, force majeure generally operates to excuse a party from the terms of a contract when performance of the contract becomes impossible or oppressive as the result of an event that the parties could not have controlled. …

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Contract Administration

The UAE Civil Code and Claims under the Red Book FIDIC in the UAE

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The UAE Civil Code and Claims under the Red Book FIDIC in the UAE
For all its innovation and spectacular achievements, the
construction industry in the UAE has been slow to move on from
its close relationship with the FIDIC Red Book (4th Edition) (the
Red Book). This was, of course, superseded long ago and it is
scarcely used anywhere else in the world, outside of this region. …

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Construction Law

Is the UAE Civil Code enough?

by Jeremy Cama

As the debate over the effectiveness of local procurement continues, Jeremy Cama, partner, Berrymans Lace Mawer, outlines some of the stumbling blocks still faced by the industry. …

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Contract Administration

Managing the risk of delay in projects

Following on from the article on delay analysis in last month’s edition of Gulf Construction, ADAM WEBSTER explains how to manage the risk of delay through proper contractual and practical management in the region’s fast-track construction industry. …

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Contract Administration

Contract variations

1 Comment

By Dennis Brand

A contract can be varied in one or two ways: either by a variation to the contract terms or the scope of works. The latter is the one that most of us will think of when the term variation is used. …

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Contract Administration

Who owns the float period?

by Chris Larkin

Delay analysis has for some time been a hot topic in construction law around the world. …

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Contract Administration

How to prepare for those claims

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by Michelle Nelson

As we come into 2007, a large number of projects are nearing completion and it seems that many contractors are starting to think about how well or badly they will have done when the money is balanced in the final account. …

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Contract Administration

Constructive acceleration demands clear intentions

by Chris Larkin
The construction industry in this region is arguably the most dynamic in the world. The scale of projects and the speed at which they progress makes working in this sector both exciting and challenging, but it does have its problems. …

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Contract Administration

Submit that notice to avoid missing out on entitlement

by Chris Larkin

Many construction contracts require the contractor to give notice to the employer if it wishes to claim additional costs or extensions of time. …

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Contract Administration

Engineers should be given deadlines to assess claims

3 Comments

by Jeffrey Badman

Generally, most modern standard forms of contract conditions contain clauses which provide for contractual remedies in the event of certain circumstances or breaches arising. …

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