Fast-tracking is a popular method in high-rise construction, allowing projects to begin while the design is still in progress. However, this approach introduces complexities in risk allocation that must be carefully managed to avoid disputes and project failures. …
Risk Allocation in Fast-Tracking High-Rise ProjectsRead More »
By Dr Samer Skaik
The construction industry, known for its complexity and high-pressure environment, has recently seen a growing interest in the application of Emotional Intelligence (EI) within project management. A recent study has explored this emerging field, revealing both the current state of research and providing recommendations for future studies. …
By Dr Samer Skaik
In the realm of construction project management, nomination procedures play a pivotal role in determining how subcontractors are selected and engaged. These procedures have evolved significantly over time to address various shortcomings and complexities inherent in subcontractor nomination. This blog post explores the intricacies of nomination procedures, the risks associated with them, and strategies for improving their effectiveness. …
Navigating Nomination Procedures in Construction Contracts: Insights and ChallengesRead More »
By Dr Samer Skaik
Insolvency is a pressing concern within the Australian Construction Industry (ACI), where businesses face significantly higher risks compared to other sectors. This challenge is not unique to Australia, as construction industries globally experience similar issues. However, the causes of insolvency can vary widely across different regions, prompting the need for tailored approaches to predict and manage these risks.
A recent study has shed light on the critical factors contributing to insolvency within the ACI, offering a theoretical framework that prioritizes these factors based on their relative importance. This framework, derived from a rigorous systematic literature review (SLR) and supplemented by data from the Australian Securities and Investments Commission (ASIC), highlights both quantitative and qualitative factors essential for predicting insolvency. …
By Dr Samer Skaik
Subcontract nomination is a pivotal practice in the construction industry, offering significant advantages in project management. It allows the Employer to maintain control over cost, quality, and time while ensuring the involvement of specialized subcontractors. Despite the challenges and complexities associated with this approach, subcontract nomination remains a valuable tool for optimizing project outcomes. This blog delves into the essentials of subcontract nomination, exploring its benefits, strategic applications, and the types of subcontracting arrangements that can enhance project efficiency. …
Mastering Subcontract Nomination in Construction: Key Strategies for SuccessRead More »
By Dr Samer Skaik
In construction contracts governed by FIDIC 1999, provisional sums are often included to account for certain parts of the work that are not defined in detail at the time of contract signing. These sums provide flexibility to accommodate future decisions by the Employer or Engineer regarding specific work items or materials. Proper management of provisional sums is crucial to ensure that the contract remains fair and that all parties understand their obligations and entitlements. …
How to Deal with Provisional Sums Under FIDIC 1999Read More »
By Dr Samer Skaik
The judicial review of adjudication determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) has evolved significantly over the years, reflecting a shifting legal landscape and its impact on the construction industry. This evolution, shaped by landmark cases and legislative intent, has had far-reaching implications for the adjudication process. …
The Evolution of Judicial Review of Adjudication DeterminationsRead More »
By Dr Samer Skaik
The intersection of adjudication and judicial intervention in construction disputes presents a complex legal landscape, often necessitating the use of injunctions to address specific issues. This post provides an in-depth exploration of the court’s approach when intervening in adjudication, drawing insights from recent legal cases and judicial interpretations. …
The Court’s Approach When Intervening in AdjudicationRead More »
By Dr Samer Skaik
The Building and Construction Industry Security of Payment (SOP) Act in New South wales is a crucial piece of legislation that impacts the Australian construction industry. This Act holds significant implications for contracting parties, civil proceedings, judicial intervention, and the overall resolution of payment disputes. In this post, we will delve into the key provisions of the SOP Act and the impact it has on various aspects of construction contracts. …
Legal considerations in the operation of security of payment legislationRead More »
By Dr Samer Skaik
The determination made by an adjudicator holds significant weight in resolving payment disputes within the construction industry. Understanding the legal framework and implications of adjudication determinations is essential for all stakeholders involved in construction projects. …
Adjudication Determinations and Fees under Security of Payment LegislationRead More »
By Dr Samer Skaik
In the construction industry, the role of Authorised Nominating Authorities (ANAs) and adjudicators is pivotal in ensuring the timely and fair resolution of payment disputes. Let’s explore the key functions and powers of ANAs and adjudicators under the Security of Payment legislation in NSW and other jurisdictions that follow its model. …
Functions of ANAs and Adjudicators Under Security of Payment LegislationRead More »
By Dr Samer Skaik
The adjudication process, governed by the Building and Construction Industry Security of Payment Act 1999 (NSW), plays a crucial role in ensuring the speedy resolution of payment disputes within the construction industry. Let’s delve into the intricate details of this process and the key considerations for both claimants and respondents: …
