Due consideration should be given at the time of entering into the contract to the circumstances that will entitle both the contractor and the employer to terminate it and the consequences of doing so, says Adam Webster. Here, he gives an insight into the right to terminate, pointing out that invoking these provisions should always be the last resort. …
While the earliest doors in history were constructed out of wood or metal, once sheet glass was invented it has found application in doors – where it has fitted into small windows. …
by Michelle Nelson
One of the issues coming across our desks more and more is that of termination of a construction contract/ The questions asked are usually: can we terminate this contractor/subcontractor for non-performance? What about termination because we can get a better price elsewhere? Or on the other side of the fence: we were terminated without reason or warning. Can we make a claim? …
To safeguard their interests, employers should carefully word their bonds and underlying contracts to ensure that they have the protection they need in the event that the contractor does become or is likely to become insolvent, writes Martin Preston. …
Morale problems don’t happen overnight, and they cannot be resolved overnight. Typically, the complete causes and remedies are out of your control. However, as the project manager, there are some things that are within your control. Regardless of how much you can do, if the group sees you trying to help, they will feel better as well. …
By: Rey I. Madroño
(Construction-Contracts Lawyer & Engineer)
IntroductionThe Civil Code of Qatar, Law No. 22 of 2004 took effect on 30 June 2004. This relatively new law is a variant of the Civil Code of Egypt with modifications but majority of the provisions on Obligations and Contracts under the Egyptian Civil Code are retained with minor changes under Law No. 22. …
By Sanjiv Anand and V. Ramkumar
While we may hear several organisations claiming to be customer focused, it is easy to observe not many are. The success of building a customer focused organisation is not just in defining who your customers are, but in also creating a culture in the organisation that is oriented towards servicing them effectively and investing in the measurement of customer service. …
Many projects have firm deadlines that are the result of business constraints, the fiscal calendar or the relationship with other projects. However, many projects do not have a firm external deadline. In fact, your sponsor may want the project completed as soon as possible, but the sponsor does not have a reason why the deadline should be one date versus another. …
Project Managers Need to Set Deadlines, Even if the Client Doesn’tRead More »
One of the common responsibilities of all managers is the management of people and the management of work (if you don’t do either, you are not really a manager). All managers need to have timely, relevant and accurate information so that they can manage their people and work effectively. The trick, of course, is to know how much information you need, and at what level. …
Manage the Work at a High-Level or Low-Level Based on the SituationRead More »
by Shikha Mishra
In light of the current economic downturn, contractors will have little legal recourse if payments for on-going projects get delayed, legal experts say.
The recent cancellation of the US $1.25 billion contract between Dubai-based Meydan and the Arabtec-WCT JV has led to concerns in the market over similar situations arising in the future and the legal recourse available to contractors. …
Force majeure is a French civil law concept, in English literally meaning “superior force.” In civil-law countries, such as the UAE, force majeure generally operates to excuse a party from the terms of a contract when performance of the contract becomes impossible or oppressive as the result of an event that the parties could not have controlled. …
by Michelle Nelson
Contractors already working in or thinking of working in the UAE capital may be aware that the Abu Dhabi government has recently issued new contracts for construction projects being undertaken in the emirate on behalf of public entities. The word on the street is that these contracts are to be welcomed since it is perceived that the Abu Dhabi government has decided to adopt the FIDIC 1999 form of contract. …
