World Bank

Construction Law, Contract Administration, Dispute Boards, Project Management

What Does a Dispute Board Actually Cost? A Straight Answer for Public Employers

By Dr Samer Skaik

Of all the questions I get asked by public sector clients, this is the one that arrives most often by private message rather than in the meeting.

People are slightly embarrassed to ask it. There is a sense that enquiring about the cost of a dispute mechanism is somehow unserious, or that it reveals you have not read something you should have read. So the question gets asked quietly, usually after the formal session has ended, and it is almost always phrased the same way: what does one of these actually cost us?

It is an entirely reasonable question and I wish more people asked it earlier and out loud. A project manager who cannot answer it cannot get the budget line approved, and a budget line that is not approved is one of the most common reasons a board never gets appointed at all. So let me try to answer it plainly. …

Construction Law, Contract Administration, Dispute Boards, Project Management

When the Banks moved onto FIDIC 2017: What Public Employers Inherited With the New Contract

By Dr Samer Skaik

A few years ago I sat in a workshop with the contract management team of a national roads agency. They were good at their jobs. Several of them had been administering donor-funded works contracts for well over a decade, and between them they had probably handled more claims than some law firms see in a generation.

About an hour in, one of the senior engineers said something that stopped the room. He said: we have been running this contract the way we ran the last four, and I am starting to think it is not the same contract.

He was right. It was not. …

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