Statutory Adjudication

Exploring the challenges relating to the jurisdiction of statutory adjudicators

By Dr Samer Skaik

The jurisdiction of adjudicators is a critical element in the adjudication process for construction disputes. Adjudicators derive their authority by accepting referrals from an appointing authority, which hinges on the existence of specific jurisdictional facts, such as a valid construction contract and a legitimate payment claim. If an adjudicator errs in establishing these facts, it can lead to jurisdictional errors that may invalidate the entire adjudication process and any subsequent determination. This blog post delves into the nuanced and multifaceted challenges surrounding the jurisdiction of adjudicators, offering insights into the strategic considerations and potential pitfalls that parties must navigate in the adjudication process. …

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Construction Law, Statutory Adjudication

Judicial Decisions Concerning Expert Evidence in Adjudication

By Dr Samer Skaik

In the realm of construction disputes, expert evidence plays a pivotal role in shaping the outcomes of litigation and arbitration. Traditionally, expert witnesses are engaged by parties to analyze facts, form opinions, and present conclusions that can influence the decision-making process of a tribunal. However, the growing use of expert witnesses in statutory construction adjudications, especially for large and complex payment claims, has introduced new challenges. Unlike the more extended timelines in litigation and arbitration, adjudicators in construction disputes often operate under severe time constraints—typically just 10 business days. This accelerated process leaves little room for the thorough examination of expert evidence, such as cross-examinations or detailed meetings with experts, which can complicate the adjudication process. …

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Construction Law, Contract Administration, Project Management

Understanding Contractor Remedies When the Employer Occupies and Uses Part of the Works Under FIDIC 1999

By Dr Samer Skaik

In the construction industry, disputes often arise when the Employer occupies or uses part of the works before the formal Taking Over Certificate (TOC) is issued. This situation can create challenges for Contractors, especially regarding their rights and obligations. This blog post addresses the Contractor’s remedies when such an occurrence happens, guided by FIDIC 1999 provisions. …

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Construction Law, Contract Administration, Project Management

Understanding Contractors’ Rights and Liabilities in the UAE: Navigating the Legal Framework of Subcontract Nomination

By Dr Samer Skaik

Subcontractor nomination is a common practice in the UAE construction industry, often governed by the FIDIC suite of contracts and the local Civil Code. However, the legal intricacies surrounding the rights and liabilities of nominated subcontractors (NSCs) and Main Contractors (MCs) can be complex. This blog post explores the legal framework of subcontract nomination in the UAE, shedding light on the key issues of liability, contract privity, and the role of collateral warranties. …

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Construction Law, Contract Administration, Project Management

The Importance of Timely Payments in the UAE Construction Industry: Challenges and Solutions

By Dr Samer Skaik

Cash flow is the lifeblood of the construction industry, and timely payments are essential for maintaining a healthy financial ecosystem. In the UAE, delayed or non-payment by employers has become a significant issue, leading to severe cash flow problems for contractors and their supply chains. These disruptions not only impact the construction companies but also have broader implications for the UAE’s economy, where construction contributes significantly to the GDP.

Traditionally, contractors claim payments upon completing specific project milestones, with payments made on a monthly basis or as specified in the contract. However, various factors can jeopardize this smooth cash flow, causing delays that ripple through the entire supply chain. Delayed payments can lead to project delays, disputes, and reduced profitability, and in extreme cases, even push contractors and subcontractors toward insolvency. …

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Project Management

The Role of Emotional Intelligence in Construction Project Management: Key Findings and Future Directions

By Dr Samer Skaik

The construction industry, known for its complexity and high-pressure environment, has recently seen a growing interest in the application of Emotional Intelligence (EI) within project management. A recent study has explored this emerging field, revealing both the current state of research and providing recommendations for future studies. …

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Construction Law, Contract Administration, Project Management

Navigating Nomination Procedures in Construction Contracts: Insights and Challenges

By Dr Samer Skaik

In the realm of construction project management, nomination procedures play a pivotal role in determining how subcontractors are selected and engaged. These procedures have evolved significantly over time to address various shortcomings and complexities inherent in subcontractor nomination. This blog post explores the intricacies of nomination procedures, the risks associated with them, and strategies for improving their effectiveness. …

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Construction Law, Project Management

Navigating the Insolvency Risks in the Australian Construction Industry: Insights from a Recent Study

By Dr Samer Skaik

Insolvency is a pressing concern within the Australian Construction Industry (ACI), where businesses face significantly higher risks compared to other sectors. This challenge is not unique to Australia, as construction industries globally experience similar issues. However, the causes of insolvency can vary widely across different regions, prompting the need for tailored approaches to predict and manage these risks.

A recent study has shed light on the critical factors contributing to insolvency within the ACI, offering a theoretical framework that prioritizes these factors based on their relative importance. This framework, derived from a rigorous systematic literature review (SLR) and supplemented by data from the Australian Securities and Investments Commission (ASIC), highlights both quantitative and qualitative factors essential for predicting insolvency. …

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Contract Administration, Project Management

Mastering Subcontract Nomination in Construction: Key Strategies for Success

By Dr Samer Skaik

Subcontract nomination is a pivotal practice in the construction industry, offering significant advantages in project management. It allows the Employer to maintain control over cost, quality, and time while ensuring the involvement of specialized subcontractors. Despite the challenges and complexities associated with this approach, subcontract nomination remains a valuable tool for optimizing project outcomes. This blog delves into the essentials of subcontract nomination, exploring its benefits, strategic applications, and the types of subcontracting arrangements that can enhance project efficiency. …

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Construction Law, Contract Administration

How to Deal with Provisional Sums Under FIDIC 1999

By Dr Samer Skaik

In construction contracts governed by FIDIC 1999, provisional sums are often included to account for certain parts of the work that are not defined in detail at the time of contract signing. These sums provide flexibility to accommodate future decisions by the Employer or Engineer regarding specific work items or materials. Proper management of provisional sums is crucial to ensure that the contract remains fair and that all parties understand their obligations and entitlements. …

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Construction Law, Statutory Adjudication

The Evolution of Judicial Review of Adjudication Determinations

By Dr Samer Skaik

The judicial review of adjudication determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) has evolved significantly over the years, reflecting a shifting legal landscape and its impact on the construction industry. This evolution, shaped by landmark cases and legislative intent, has had far-reaching implications for the adjudication process.

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