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Construction Law, Contract Administration

Lessons from FIDIC 1999: a recent case study

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By Dr Samer Skaik

Contractors frequently face ambiguous documentation on construction projects—especially when variation orders reference unstamped or unofficial documents. This can lead to disputes over warranty obligations, scope of work, and cost entitlements. In this post, we break down a case involving an unstamped specification, a signed variation order, and updated IFC documents containing new warranty clauses. Using the FIDIC 1999 contract as a guide, we’ll outline how such issues should be handled to protect both contractors and employers.

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Contract Administration, Project Management

The Pros and Cons of Fast-Tracking in Complex High-Rise Construction

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By Dr Samer Skaik

Fast-tracking is a project management strategy that accelerates project delivery by overlapping the design and construction phases. This approach is particularly prevalent in complex high-rise projects, where the pressure to save time often leads construction firms to start building even before the design is fully completed. Although fast-tracking can significantly cut down project timelines, it also presents several challenges. …

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Construction Law, Contract Administration, Project Management

Empowering the Engineer: Significant Advances in FIDIC 2017 Red Book Over 1999

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The FIDIC Red Book, published by the International Federation of Consulting Engineers (FIDIC), is a widely used standard form of contract for construction projects where the Employer designs the works. The role of the Engineer, a pivotal figure in administering the contract, has undergone significant enhancements in the FIDIC 2017 Red Book compared to its 1999 predecessor. These improvements aim to promote fairness, clarity, and efficiency in contract administration. This blog post explores the key advancements in the Engineer’s role under FIDIC 2017, focusing on substantial changes and citing relevant clauses for educational purposes. For brevity, we will not dwell on aspects of the Engineer’s role that remain unchanged or have only minor differences between the two editions. …

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Construction Law, Contract Administration, Project Management

Understanding FIDIC Golden Principles: A Guide for Construction Professionals

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In this post, we dive into the FIDIC Golden Principles, a cornerstone of fair and balanced construction contracts globally. Whether you’re a contractor, engineer, or project manager, understanding these principles is essential for navigating international construction projects with confidence. Let’s explore what they are, why they matter, and how they impact your work.

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Construction Law, Contract Administration, Project Management

Navigating Changes to Site Conditions and Discrepancies Under FIDIC 1999

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By Dr Samer Skaik

Construction projects often evolve due to site conditions that differ from those initially anticipated. One such scenario involves variations in foundation levels or discrepancies in material requirements, such as concrete compressive strength. In this post, we explore a real-world contractual challenge and the proper procedure for handling it under FIDIC 1999, offering guidance for contractors who face similar issues. …

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Statutory Adjudication

Exploring the challenges relating to the jurisdiction of statutory adjudicators

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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

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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

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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

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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

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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

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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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