Construction Law, Contract Administration

Rights and Obligations under Back-to-Back Contracts

The parties’ dispute concerned the extent of the coverage of this alternative design for demolition and hoarding works. The letter of award for the subcontract stated that it was to be a lump sum fixed price contract and back-to-back with the main contract. Brington maintained that Cheerise was responsible for the design as this was a back-to-back contract. …

Construction Law, Contract Administration

FIDIC’s International Contract Users’ conference – CMguide readers get a 10% saving…

Now in its 25th year, FIDIC’s International Contract Users conference is indisputably the leading international forum for those wishing to make the most of the FIDIC suite of contracts.

Remain ahead of the field with exclusive, insider insights from the very people responsible for drafting and updating the contracts. …

Construction Law

Enforceability of foreign arbitral awards in the UAE

The UAE, as party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) without reservations, should in principle recognise and enforce foreign arbitration awards.

Accordingly, subject to Article 5 of the New York Convention, the UAE courts should enforce foreign arbitral awards provided that the subject matter can be arbitrated under UAE law and such enforcement would not offend public policy. …

Construction Law, Contract Administration

Liquidated Damages for Construction Delays

Liquidated Damages is defined as “a sum which a party to a contract agrees to pay or a deposit which he agrees to forfeit if he breaks some promise and which, having been arrived at by a good faith effort to estimate in advance the actual damage which would probably ensue the breach, are legally recoverable or retainable as agreed damages if the breach occurs.” …

Project Management

Nine Tips for Improving Negotiation Skills

Professional salespeople love negotiation, but many soloists are more comfortable doing their job rather than negotiating about it. Here are nine tips for improving your negotiation skills.
As a proposal strategist and writer, my job is to get my clients shortlisted with the opportunity to negotiate for an important project or contract. During many hours spent burning the midnight oil together, clients become friends, and I usually end up caring about the outcome almost as much as they do.
By keeping tabs on the progress of some very long post-pitch negotiations and seeing the tactics employed by some exceptional salespeople, I have picked up some great tips for improving negotiation skills that will help you navigate this important, but nerve-wracking, part of the sales process. …

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