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Construction Law, Contract Administration

Have you seen the news Masters in International Construction Practice & Law?

This new part-time Masters course will allow you to gain a competitive advantage from the University of Stuttgart, one of Europe’s leading centres of engineering excellence.

Designed for professionals based around the globe and taught in English the programme provides a practical, commercial and legal understanding of the international construction industry. Find out more. …

Construction Law, Contract Administration, Dispute Boards, Statutory Adjudication

Adjudication is future of dispute resolution

By STUART JORDAN

The future is adjudication. Its benefits are being seen in more regions globally, and governments everywhere are enacting legislation for a mandatory right of adjudication in construction disputes.

Well, not quite everywhere.

In the Gulf region, we have not seen much take up of adjudication as is provided for in standard Fidic (Fédération Internationale des Ingénieurs-Conseils, French for International Federation of Consulting Engineers) contracts nor enactment of the statutory version. …

Construction Law

Dealing with green power projects

By KATIE LISZKA

RENEWABLE power projects are being developed across the Middle East region, for example in the UAE, Kuwait and Saudi Arabia. Renewable power is likely to be a growth area for the construction sector over the coming years. In terms of natural resources, the region has an abundance of sun and, unsurprisingly, solar power projects are now operational, with further projects being developed, procured and constructed. …

Construction Law, Contract Administration, Project Management

Exclusion clauses: the pitfalls

By ARASH RAJAI

FOR any contractor or service provider entering into a construction contract, one of the most important priorities in contract negotiation is to manage its overall financial exposure.

This is commonly achieved in construction contracts by agreeing to a financial cap on liability and/or by attempting to exclude certain types of liability commonly called “consequential or indirect losses”. …

Construction Law

Arbitrability of Disputes: Issues of arbitrability and public policy in the UAE

by Fiona Campbell
Contracting parties are often justifiably keen to avail the perceived advantages of arbitration over litigation. These benefits include the choice of a neutral forum, enhanced enforceability of decisions internationally, and greater flexibility and privacy (if not confidentiality) of proceedings. …

Construction Law, Contract Administration, Project Management

Contract Competition

With a Qatar 2022 World Cup on the horizon and Dubai’s successful bid for Expo 2020, the scale of infrastructure investment in both countries is unlikely to be anything short of exceptional over the course of the next few years.

In both the UAE and Qatar (and indeed in many other Gulf countries), procurers of major infrastructure have generally opted for the FIDIC Standard Form Contracts to deliver their projects. There is, however, an emerging competitor on the international projects scene in the form of the Third Edition of the New Engineering Contract (NEC3). …

Construction Law, Contract Administration, Project Management

CMGuide Founder spoke in Melbourne Convention 2014 by Engineers Australia

Samer Skaik at Meloburne ConventionSamer Skaik, the CMGuide Founder delivered 30 minutes oral presentation in “Mastering Complex Projects Conference” at Melbourne convention 2014 which was organized by Engineers Australia.  The Convention is the largest engineering event ever held in the southern hemisphere. Convention bring together all areas of the engineering profession, with national and international keynote speakers exposing delegates to megatrends and thought leadership that will influence the future direction of engineering in Australia. …

Construction Law

Time Bars in Articles 880 and 883 of the UAE Civil Code (Regarding Construction Disputes)

by Jalal Kudsi
One of the fundamental legal aspects to be considered by a party to a legal dispute is the statutory time bars that are relevant to the subject matter of the dispute. Time bars take the form of statutory rules that restrict the period of time within which a legal action can be brought successfully, and therefore restrict the rights of the disputing parties to bring legal proceedings to recover losses or obtain compensation. There are various time bar rules set out in UAE legislation, and each one varies depending on the subject matter of the dispute. However, this article will focus on two significant time bar rules with respect to construction-related disputes; specifically Articles 880 and 883 of UAE Law No. 5 of 1985 (the UAE Civil Code). …

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