Construction Law, Contract Administration

I Thought You’d Never Notice: The Civil Code and the Red Book

By Nick Kramer
Red Book
For all its innovation and spectacular achievements, the construction industry in the United Arab Emirates has been slow to move on from its close relationship with the International Federation of Consulting Engineers Red Book (fourth edition). The Red Book was superseded years ago, and it is little used outside the Gulf region any more. …

Construction Law, Contract Administration

Contemporary records

It is not often that I will get the opportunity to report a case from the Falkland Islands Supreme Court, but the case of Attorney General for the Falkland Islands -v- Gordon Forbes Construction deals with a point of general interest in the management of claims.

Forbes had entered into a contract with the Falkland Islands government for the construction of the infrastructure of the East Stanley Housing Development in the Falkland Islands. The contract was based upon the FIDIC Conditions of Contract for Works of Civil Engineering Construction, 4th Edition.

Construction Law, Contract Administration

Can disputes be settled like gentlemen?

By Dr Chandana Jayalath

In Qatar’s public works, the employer and the engineer mostly operate as the same entity, although they are two different entities in the strict contractual sense.

As such, the dispute clause, which is available in any typical infrastructure project in Qatar, generally considers both the employer and the engineer as one party to the dispute. This may be why the dispute clause talks about disputes between employer or engineer and the contractor. …

Construction Law, Contract Administration

Time At Large

Whenever there is delay in a construction project, parties immediately look to the liquidated damages clause. This is understandable, as the Contractor carries the risk of delay resulting from events for which it is responsible, and that risk is usually quantified by the provision of liquidated damages.
However, where such events are caused by an act or omission by the Employer, the Employer bears the risk. In such event, unless there is a clear mechanism for extending the time for completion, the Employer’s right to levy liquidated damages will fall away.
It is for this reason that most standard form contracts usually provide for an extension of time mechanism which allows for the time for completion to be extended upon an event of prevention or impediment by the Employer. The purpose is primarily to enable the Employer to protect its right to potential liquidated damages in the event of its own default. …

Construction Industry

CMGuide is the Media Partner for the 3rd FIDIC Middle East Contract Users’ conference

FIDIC’s 2012 conference is your annual opportunity to get best practice advice on using the FIDIC contracts and updates on the contract changes and amendments – directly from the very people who drafted them!
GMGUIDE readers can get a 10% discount by with VIP code: FKW82257CMGL

Taking place on the 22nd & 23rd February 2012 in Doha, attend for advice on:

Selecting the most relevant form of contract; cost management; the FIDIC Construction Contract & new Construction Subcontract; the Plant & Design Build, EPC/Turnkey and DBO Contracts; claims under FIDIC Contracts; application of FIDIC Conditions of Contract in the Middle East; the new FIDIC Procurement Procedure Guide; DAB procedures, arbitration, ADR and more!  Find out more on the newly released agenda. …

Construction Law, Contract Administration

FIDIC’s Middle Eastern Contract Users’ conference returns for a 3rd year!

This is your annual opportunity to get best practice advice on using the FIDIC contracts and updates on the contract changes and amendments – directly from the very people who drafted them!

Get a 10% discount with VIP code: FKW82257CMGP1 – and if you book by the end next Thursday 15th December you’ll get the lowest early bird prices as well. …

PMP Hints, Project Management

Estimating a Project for Planning Purposes

When a project or collection of projects is in the idea or concept stage, you want to put together a high-level estimate to see whether or not the project is worth pursuing. You typically do not want to spend too much time working on a detailed estimate at this point, since you do not know if the idea is a worthwhile. Basically, you just want to know the relative magnitude of the effort. While you may be asked to provide a high-level estimate of the cost, the business people are also struggling to try to understand and quantify what the benefits of the project will be. …

Construction Law, Construction Technology

BIM raises liability and copyright issues

By KATIE LISZKA

Building information modelling (BIM) is being used increasingly across the construction industry as a tool to reduce costs and encourage good communication and coordination between project participants. It has been used in the US for several years and its use is now spreading across the globe. For example, it has been used by GHD architects on the Palm Jebel Ali project in Dubai, UAE. …

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