Contract Administration

Construction Law, Contract Administration, Project Management

Construction Law Summer School – IBC Legal’s 13th Annual Conference

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“An international fiesta for construction industry professionals.”

 Join your international peers at IBC Legal’s most comprehensive construction law event for 3 days of intensive learning and networking

Construction Law Summer School – IBC Legal’s 13th Annual Conference

3rd – 5th September 2013 – Downing College, Cambridge University, UK

CMguide readers get a 10% saving …

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Construction Law, Contract Administration, Project Management

Top Tips For Handling Disputes In The UAE

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by Richard Bell and James Fox

No business wants to enter into a dispute. Disputes are often costly, tie up management time and distract staff from profitable work. In the UAE where a civil dispute is sometimes accompanied by a criminal complaint, a dispute can have a significant impact on key staff, including travel bans and the stress of facing criminal charges. Taking the right action from the beginning of a dispute can help to resolve the dispute faster, more efficiently and at less cost. …

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Construction Law, Contract Administration, Project Management

Bridging the contractual gap between an employer and a sub-contractor in the UAE

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By Eric Teo

What are the rights of an employer in the event a nominated sub-contractor fails to deliver the standard or quality of material and workmanship that the employer had expected to receive? Common wisdom dictates that the employer would ordinarily seek recourse against the main contractor for the sub-contractor’s failure, but are there any alternatives?

To answer the above question we need to firstly understand that there are, in practice, two types of sub-contractors: domestic sub-contractors and nominated sub-contractors. Secondly, we should examine the contractual relationships between the three parties, i.e. the employer, the main contractor and the sub-contractor. …

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Contract Administration

Construction legal disputes most costly in Middle East

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Legal disputes in the Middle East construction industry are now taking over a year to be resolved, according to study from EC Harris.

The global built asset consultancy said it has found that construction disputes in the Middle East are taking, on average, 14.6 months to be settled compared to just nine months in the previous year, an increase of 62 percent. …

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Construction Law, Contract Administration, Project Management

Limit of changes that can be introduced under variation provisions!

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by Dr  Chandana Jayalath

Changes are inevitable in any construction therefore the parties are provided a flexibility to make changes to the work under a typical contract changes clause. However, the ability for owner requested changes, even if provided in the contract, are not without limitations, restrictions as well as consequences. …

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Construction Law, Contract Administration

ICTAD Price fluctuation Formula; Clarifying The Context in Which It Operates

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by Dr. Chandana Jayalath*

The provisions of price adjustment on account of increase or decrease in costs of goods and services in construction contracts are practiced World over to have more realistic competitive bids and execution of contracts on just and equitable manner. Prices of materials, plant and labour are highly variable due to fluctuations in the currency market. Construction experts, therefore, thought it prudent to compute the cost of contracts on present price, keeping provisions of price adjustment for probable fluctuations. The Institute for Construction Training and Development (ICTAD) of Sri Lanka has undertaken among others, the standardization of “country specific” documents to regulate and streamline the administration of contracts. The Formula Method for Reimbursement of Price Fluctuation is one such initiative to offer a reasonable basis for calculating price adjustment for construction contracts. …

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Contract Administration

Two states bid for sustainability lead

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By Arvin Daeizadeth

Leadership in sustainability can only be seen in two countries, the UAE (Abu Dhabi) and Qatar. These are the only two states that have mandated sustainability ratings for new buildings – Estidama and QSAS.

One of Alpin’s current projects is the Msherieb Downtown Doha project, a massive redevelopment set in the heart of Doha. Comprised of more than 90 buildings, most are set to be LEED Gold. …

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Construction Law, Contract Administration, Project Management

N is for the Novation

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By Suzannah Newboult

When a party is substituted for another party to contract and assumes the original party’s rights and/or obligations, it does so either by way of ‘novation’ or ‘assignment’. Party A contracts with Party B. Party C is substituted for Party B. The contract is now between Party A and Party C.

If the substitution has occurred by way of novation, then the original contract is effectively replaced by a new contract on the same terms as if the new party, (Party C in the example above) was party to the contract from the outset. …

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Construction Law, Contract Administration

The effect of concurrent delay on an extension of time claim

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Rebecca Evans, solicitor with Thomas Eggar LLP, reports on a case that offers good news for contractors in England.

A recent case, heard by Akenhead J in the Technology & Construction Court in London, has practical consequences for contractors: the effect of concurrent delay on an extension of time claim.

Walter Lily Company (WLC) was employed by DMW Developments Ltd (DMW) to construct a substantial house in the Boltons in London. DMW was the corporate vehicle for Mr and Mrs Mackay. The architects were Barrett Lloyd Davis Associates (BLDA). The work started in 2004 with the initial projected timeframe of 18-20 months. …

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Contract Administration

Interview with: Shuja Zaidi, Vice President Projects – KSA, Hilton Worldwide

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 Becoming an Early Entrant into a Hotel Market

“Many hotel developers are usually behind the wave when it comes to exploring future potential,” says Shuja Zaidi, Vice President Projects – KSA, Hilton Worldwide. “By the time they jump in to take advantage of a booming city and actually complete the project, the market may be already saturated,” he goes on to say. …

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Construction Law, Contract Administration

RECORDS, RECORD, RECORDS – importance for contract claim

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Contract Requirements

Max Abrahamson in his book Engineering Law and The ICE Contract wrote

” A party to a dispute, particularly if there is an arbitration will learn three lessons (often too late) the importance of records, the importance of records and the importance of records”. This quotation came to mind recently when I read the judgement in the case of Attorney General for the Falkland islands v Gordon Forbes construction (Falklands) Limited. A contract was let for the construction of the infrastructure of the East Stanley Housing Development in the Falkland Islands using the FIDIC 4th Editions conditions. These conditions, like most standard forms, provide a procedure which requires the contractor to follow in the event of him submitting a claim. …

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