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. …
Christopher R. Seppälä, Elizabeth Lefebvre-Gross
Faced with a drastic increase in the cost of commodities—for example, of steel, or oil—that undermines the economic assumptions of a construction contract, lawyers trained in the common law may believe that, if the contract has no price-escalation clause, the only relief from the contract available is termination on the grounds of frustration, impossibility, or impracticability. In fact, outside the common law countries, it may be possible to obtain other relief, including an increase in the contract price, to take into account changed circumstances after a contract has been signed. Several examples are provided below. …
by Dennis Brand
Ask a group of industry professionals to state what they believe to be the most important provision in a construction contract and you will probably get as many varied responses as there are people in the group.
Give the same group of people a copy of a standard form contract (e.g. FIDIC, ICE or JCT) to read with a form of Particular Conditions or similar attached, and invariably they will look first at the Particular Conditions and possibly no further. …
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. …
by Dennis Brand
In the event that a contractor refuses to enter into a contract with a nominated subcontractor, the engineer may do any of the following: …
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. …
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. …
Constructive acceleration demands clear intentionsRead More »
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. …
Submit that notice to avoid missing out on entitlementRead More »
What Is It?
Nomination is the process by which the Employer nominates, selects or approves who will perform a subcontract or specialist trade role (“NSC”). …
Nominated Subcontractors on International ProjectsRead More »
The lesson: keep detailed records
by Steven Hunt
Steven Hunt, senior legal counsel, Nakheel, stresses the need for contractors to maintain up-to-date site records to back up claims. …
Extension of time claims
by Jeffrey Badman
In my experience, extension of time claims are unsuccessful because the contractor fails to adequately demonstrate its case through its submission of detailed particulars.
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by Dennis Brand
A suit made by a bespoke tailor will fulfil all of a customer’s expectations regarding style, cut and fit, but it will be expensive. For this reason, most suits are purchased off-the-peg.
Today for the construction and engineering industry there are numerous off-the-peg or standard form contracts available from the UK and Europe. These are published by professional organisations and bodies including the Joint Contracts Tribunal (JCT); Institution of Civil Engineers (ICE), which publishes both the ICE and the New Engineering Contract (NEC); and the International Federation of Consulting Engineers (FIDIC). …
