by Andrew Gibson
When I announced at the beginning of this year to colleagues in the UK that I would shortly be relocating to Dubai to specialise in the resolution of construction disputes, most, if not all, imagined the typical contractor/employer type of disputes arising out of defects or delaying events. …
by Dennis Brand
As we saw previously, contractors in the construction industry are commonly required to provide bonds or guarantees as performance security. These should be unconditional, on demand and issued by a bank that is acceptable to the employer. Examples of the types of bonds and guarantees available follows. …
The UAE Civil Code and Claims under the Red Book FIDIC in the UAE
For all its innovation and spectacular achievements, the
construction industry in the UAE has been slow to move on from
its close relationship with the FIDIC Red Book (4th Edition) (the
Red Book). This was, of course, superseded long ago and it is
scarcely used anywhere else in the world, outside of this region. …
The UAE Civil Code and Claims under the Red Book FIDIC in the UAERead More »
by Dennis Brand
How does the New Engineering Contract (NEC) compare to FIDIC? Dennis Brand examines the uptake of NEC in the region and outlines what you need to know. …
The UAE construction industry is experiencing a growing yet significant debate, driven by the desire of Employers to successfully procure and deliver projects through alternative contractual pricing mechanisms. …
Following on from the article on delay analysis in last month’s edition of Gulf Construction, ADAM WEBSTER explains how to manage the risk of delay through proper contractual and practical management in the region’s fast-track construction industry. …
Christopher R. Seppälä, Elizabeth Lefebvre-Gross
Faced with a drastic increase in the cost of commodities—for example, of steel, or oil—that undermines the economic assumptions of a construction contract, lawyers trained in the common law may believe that, if the contract has no price-escalation clause, the only relief from the contract available is termination on the grounds of frustration, impossibility, or impracticability. In fact, outside the common law countries, it may be possible to obtain other relief, including an increase in the contract price, to take into account changed circumstances after a contract has been signed. Several examples are provided below. …
by Dennis Brand
Ask a group of industry professionals to state what they believe to be the most important provision in a construction contract and you will probably get as many varied responses as there are people in the group.
Give the same group of people a copy of a standard form contract (e.g. FIDIC, ICE or JCT) to read with a form of Particular Conditions or similar attached, and invariably they will look first at the Particular Conditions and possibly no further. …
By Dennis Brand
A contract can be varied in one or two ways: either by a variation to the contract terms or the scope of works. The latter is the one that most of us will think of when the term variation is used. …
by Dennis Brand
In the event that a contractor refuses to enter into a contract with a nominated subcontractor, the engineer may do any of the following: …
by Michelle Nelson
As we come into 2007, a large number of projects are nearing completion and it seems that many contractors are starting to think about how well or badly they will have done when the money is balanced in the final account. …
by Chris Larkin
The construction industry in this region is arguably the most dynamic in the world. The scale of projects and the speed at which they progress makes working in this sector both exciting and challenging, but it does have its problems. …
Constructive acceleration demands clear intentionsRead More »
