FIDIC’s 5th Asia-Pacific Contract Users’ conference is taking place on 11th & 12th June in Malaysia (workshops on 10th & 13th June).
If you’re involved in this region then you won’t want to miss out! Take a look a look at these 6 great reasons to attend:
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FIDIC Asia-Pacific Contract Users – take a look at these 6 great reasons to attendRead More »
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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ICTAD Price fluctuation Formula; Clarifying The Context in Which It OperatesRead More »
By Vasanth Kumar
As Qatar seems set finally to award raft of contract awards with highly compressed time limits, one of the key challenges will be “teamwork” amongst various stakeholders involved in the construction industry.
These mega project awards will modernise the country in line with the ambitious National Vision 2030 and the FIFA world cup in 2022 but Doha can’t afford any project delays which will be a fertile breeding ground for disputes ,penalties and lawsuits between the various parties involved in construction. …
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. …
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. …
By Marc Howe
The use of Building Information Modelling (BIM) could radically enhance the costing process following its expansion beyond quantities calculation and specifications data to other core areas of project management.
While BIM has thus far focused primarily on the use of digital representations of the physical and functional traits of a facility to guide both the design and construction processes, the next generation of BIM adds even greater functionality by providing advanced tools for estimating costs throughout a project’s life cycle. …
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. …
The effect of concurrent delay on an extension of time claimRead More »
There are two considerations when trying to win payment from an overseas client.
Firstly, ‘Can the contractor enforce a judgment or monetary award in the country where the client is based?’ And secondly, ‘Where are the overseas client’s chargeable assets?’ …
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. …
Interview with: Shuja Zaidi, Vice President Projects — KSA, Hilton WorldwideRead More »
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. …
RECORDS, RECORD, RECORDS — importance for contract claimRead More »
By Mohan Pillay
The inaugural Youth Olympic Games hosted by Singapore in August last year left a positive impression on Singapore’s young guests. The fanfare would have been much bigger had the Singapore Sports Hub been available for the event.
At an estimated cost of S$1.33 billion, the new Sports Hub will boast a 55,000-seater retractable roof stadium, a 6,000-capacity Indoor Aquatic Centre, a 3,000-capacity Multi-Purpose Arena and a Water Sports Centre. …
Projects & Pitfalls – Sports, Water, Energy & FIDICRead More »
By Mohan R Pillay
In a rare decision, the Singapore High Court in PT Perusahaan Gas Negara (“PGN”) v CRW Joint Operation (“CRW”) [2010] 4 SLR 672 refused to uphold an ICC arbitration award arising from a contract using the FIDIC Red Book 1999 Edition.
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