Construction Management Guide

By Dr Chandana Jayalath

In Qatar’s public works, the employer and the engineer mostly operate as the same entity, although they are two different entities in the strict contractual sense.

As such, the dispute clause, which is available in any typical infrastructure project in Qatar, generally considers both the employer and the engineer as one party to the dispute. This may be why the dispute clause talks about disputes between employer or engineer and the contractor. (Read more..)

Whenever there is delay in a construction project, parties immediately look to the liquidated damages clause. This is understandable, as the Contractor carries the risk of delay resulting from events for which it is responsible, and that risk is usually quantified by the provision of liquidated damages.
However, where such events are caused by an act or omission by the Employer, the Employer bears the risk. In such event, unless there is a clear mechanism for extending the time for completion, the Employer’s right to levy liquidated damages will fall away.
It is for this reason that most standard form contracts usually provide for an extension of time mechanism which allows for the time for completion to be extended upon an event of prevention or impediment by the Employer. The purpose is primarily to enable the Employer to protect its right to potential liquidated damages in the event of its own default. (Read more..)

By KATIE LISZKA

Building information modelling (BIM) is being used increasingly across the construction industry as a tool to reduce costs and encourage good communication and coordination between project participants. It has been used in the US for several years and its use is now spreading across the globe. For example, it has been used by GHD architects on the Palm Jebel Ali project in Dubai, UAE. (Read more..)

What is ‘incorporation by reference’? Put simply, it is a means by which the parties to a contract make reference to a standard form of contract conditions, technical specifications or similar publication without the need of having to retype the whole of that document in order for it to form part of the documentation which together forms the contract between the parties. (Read more..)

KATIE LISZKA* looks at the circumstances in which the beneficiary of an on-demand performance bond may be prevented from calling on the bond for reasons outside the terms and conditions of the bond itself.

(Read more..)

In the Society of Construction Law Delay and Disruption Protocol, four retrospective delay analysis techniques are referred to, as follows:
1. As-Planned v As-Built.

2. Impacted As-Planned.

3. Collapsed As-Built.

4. Time Impact Analysis.

A brief analysis of each of these delay analysis techniques is given below.

(Read more..)

Main Contract Dispute

Subcontractors being lower down the food chain are reliant upon contractors for payment. Where disputes arise over the amount a main contractor is obliged to pay to the subcontractor the usual ” he who alleges must prove ” argument comes to the fore. If the main contractor makes a claim against a subcontractor and as a result reduces the amount due for payment or seeks to recover actual payment from the subcontractor then the shoe is on the other foot. (Read more..)

Legal debates come up frequently in the construction industry. No matter what the problem is or whose fault it actually was, professionals and project owners alike seem to be good at playing the blame game. When problems related to a structure’s stability or safeness arise, contractors generally find themselves having to resolve the problem in one way or another. (Read more..)

By Samer H Skaik

Abstract

Subcontracting is a very common aspect of the procurement strategy in construction. The practice of subcontract nomination has produced many problems to the constructionindustry in the UAE. Examining the nature of associated challenges and investigating newapproaches to improve the nomination practice become more critical and demanding. (Read more..)