By Jeremy Glover, Fenwick Elliott
The key features of sub-clause 20.1 of the FIDIC form are: …
Sub-Clause 20.1 – the FIDIC Time Bar under Common and Civil LawRead More »
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 »
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.
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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 Faisal Attia
Liquidated damages clauses (or penalties clauses) are widely used in construction contracts worldwide. The employer is entitled to deduct a specified and pre-agreed amount of money from the contractor by way of compensation for failure to progress the works to meet set milestones or the date for completion of the works. …
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, Jeremy Coggins, Anthony Mills
Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other documents, expert witness reports to support their arguments. The increase in documentation that an adjudicator must consider poses a threat to the integrity of the adjudicator’s determination. …
How should adjudicators deal with expert reports in Australia?Read More »
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. …
Interested in gaining new skills and in-depth knowledge that will help you in your everyday work, will give you the edge on your competitors and open up new career opportunities?
Take a look at UWE Bristol’s Postgraduate Diploma in International Construction Law – the distance learning course that’s been designed for professionals based in any country and in a wide range of job roles and industry sectors: …
Jump ahead of your competition: International Construction Law…Read More »
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 »
By Nicolas Gould
The ICC has launched a new set of Expert Rules. The ICC’s prior set of Rules for expertise came into force on 1 January 2003. After careful consultation the 2003 Rules for Expertise have been updated and amended, resulting in three sets of rules for the appointment and administration of Experts and Neutrals, which came into effect on 1 February 2015 (the Rules).
The Rules have been designed to enhance the full-spectrum service offered by the ICC in relation to expertise in ADR and streamline the process, while still retaining the established format of the 2003 Rules. The Rules therefore provide three complementary sets of rules, one for each of the distinct services provided by the ICC, namely: …
