Contract Administration

Construction Law, Contract Administration

Termination For Construction Contracts: UAE Perspective

1 Comment

By Heba Othman
A common scenario: the Employer is not happy with the Contractor’s performance, whether because of failure to perform the works in the manner provided for in the Contract or because of some other breach of the Contract. The Employer picks up the Contract, which – in the UAE – is usually some modified FIDIC standard form, in search of the termination provision. Most such termination provisions require the Employer to send the Contractor a notice to correct the failure or the breach within a specified period. If the Contractor fails to correct the breach, then the Employer becomes entitled to terminate the Contract. The Employer, feeling confident of its legal position, sends the termination notice. The Employer is satisfied that it has correctly terminated the contract. …

Termination For Construction Contracts: UAE PerspectiveRead More »

Construction Law, Contract Administration

Key issues in PPP agreements

Leave a Comment

By Martin Preston

WITH the exception of power and/or water desalination plants, the GCC states have tended to procure their infrastructure directly rather than looking to the public-private partnership (PPP) model. However, a number of GCC states are now looking to the PPP model as a means of procuring infrastructure projects outside the power and water sectors as well.

…

Key issues in PPP agreementsRead More »

Construction Law, Contract Administration, Project Management

The peace keepers

Leave a Comment

By Leonora Riesenburg

Alternative Dispute Resolution (ADR) is fast becoming a widely-accepted alternative to local court litigation. This is particularly true of arbitration.

Oddly, mediation is still heavily underused, which begs the question whether there is room for wider subscription in the UAE? In cultures where contracts are not always regarded as rigorous terms of engagement but rather as a framework intended to govern a commercial relationship, mediation is particularly well-placed to serve the settlement of differences at arm’s length before they escalate. …

The peace keepersRead More »

Construction Law, Contract Administration

DECENNIAL LIABILITY IN QATAR: A Contractor’s Adversary

Leave a Comment

by Hani Al Naddaf & Sarah Kelly

Decennial liability is a strict form of liability imposed by law on construction contractors and design professionals for the total or partial collapse of buildings they designed and/or constructed, or for the discovery of latent structural defects which imperil the safety or stability of such buildings, for a period of ten years after their completion and handover. …

DECENNIAL LIABILITY IN QATAR: A Contractor’s AdversaryRead More »

Contract Administration, Project Management

Hiring a consultant? Check these points

Leave a Comment

By DAVID JOHNSTON

PROFESSIONAL consultants are engaged on construction projects to provide specialist advice. The type of consultants appointed can range from architects, mechanical and structural engineers and surveyors to specialist consultants in fields such as safety, planning and traffic management.

Yet the terms of the professional appointments under which each tends to be engaged are very similar, with only the services schedules being truly distinct. …

Hiring a consultant? Check these pointsRead More »

Construction Law, Contract Administration, Project Management

First-hand advice from the FIDIC contract drafters – tailored for the Middle East

Leave a Comment

FIDIC’s 5th Middle Eastern Contract Users’ conference is your annual opportunity to get best practice contract advice and updates on the contract amendments – directly from the very people who drafted them!

Samer Skaik, the Founder & Principal of Construction Management Guide, will once again be sharing his regional expertise at the event and will be joined by 18 other world-class experts. …

First-hand advice from the FIDIC contract drafters – tailored for the Middle EastRead More »

Contract Administration, Statutory Adjudication

Implied Terms And Variations In Construction Contracts – Issues Arising From Recent Case Law

Leave a Comment

By Becky Johnson

Implied terms in construction contracts (or lack of) and instructions to vary works can cause problems for developers carrying out construction works. These issues were considered in two recent cases: Aspect Contracts (Asbestos) Limited v Higgins Construction Plc and MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd.1

…

Implied Terms And Variations In Construction Contracts – Issues Arising From Recent Case LawRead More »

Construction Law, Contract Administration, Project Management

Limitations on liability in the UAE – beware!

Leave a Comment

By Jatinder Garcha

Many standard form contracts contain provisions limiting the overall liability of the contractor, upon which a contractor unfamiliar with UAE law may place mistaken reliance. The FIDIC Red Book for instance, which is widely used throughout the Middle East region, contains a number of limitations on liability including at clause 17.6, which states:

…

Limitations on liability in the UAE – beware!Read More »

Construction Law, Contract Administration, Project Management

CMGuide Founder to Speak in AACEI Conference in Dubai

Leave a Comment

AACEI – UAE Section announces the one day Technical Conference on “Claims Management Practices” to be conducted at Hotel Gloria, Dubai on 09th November 2013. This Conference has been designed with a focus on Understanding claim events through the whole project life cycle right from Inception to the execution phase of the project. Along with understanding the claim events, early mitigation measures right from FEED stage and through various risk study methods become vital. Major claims of the days being on time related issues, a sheer attention is given on the topics related to Schedule preparation and Extension of Time studies during the one day conference.  …

CMGuide Founder to Speak in AACEI Conference in DubaiRead More »

Scroll to Top