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Reform Of Expert Evidence In UAE Court ProceedingsRead More »
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(The following outline was used in a presentation to the Overseas Construction Association of Japan, Inc. (OCAJI) The Dynamics of Payment
As a construction project moves toward completion, the Contractor loses leverage, and the Employer gains leverage. This is based on the reality that the Contractor builds the project, and the Employer simply pays money. As the project nears completion, the Contractor has less leverage because the Employer is close to obtaining what he bargained for – a completed project. This is the time when the Employer will be inclined to suspend or reduce payments to the Contractor, not early in the Project. … Managing Payment Delays on International Construction ProjectsRead More » |
By Michael Grose
As the fifth anniversary of the onset of the financial crisis approaches, engineers, architects and other consultants to the construction industry should be aware of the potential risk that this unhappy anniversary presents to any remaining fee claims. Whilst any expectation of payment at this late stage is likely to be low, any optimism that early signs of returning confidence might provide a chance to cash in old debts should take into account one of the more obscure time limits applicable under UAE Laws. …
Consultants’ Fee Claims To Be Time-Barred in the UAERead More »
“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 …
Construction Law Summer School – IBC Legal’s 13th Annual ConferenceRead More »
by Gordon Blanke
A recent ruling of the Dubai Court of First Instance (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18 December 2012) questions de novo the UAE courts’ compliance with their obligations under international enforcement instruments in the enforcement of foreign arbitral awards. Following the recent trend of consolidation of the UAE courts’ practice to abide by the terms of international enforcement instruments – foremost amongst them the New York Convention (see Convention on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958, as ratified and hence implemented in UAE law by UAE Federal Decree No. 43 of 2006), this ruling marks a sudden and unwelcome setback in what commentators had believed had become a turning-point in the UAE enforcement practice of foreign arbitral awards. …
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. …
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. …
Bridging the contractual gap between an employer and a sub-contractor in the UAERead More »
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. …
Construction legal disputes most costly in Middle EastRead More »
Construction consultancy Sweett has won a legal dispute with a house-builder client after a contractor went into liquidation. The court ruled that Cyril Sweet (now just Sweett), was not negligent as employer’s agent for Michael Wight Homes in failing to procure a performance bond for its client. …
Sweett wins contractual dispute after contractor is liquidatedRead More »
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. …
Limit of changes that can be introduced under variation provisions!Read 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. …
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. …
