by Andrew MacCuish and Nicole Newdigate
This article provide an overview of two ‘self-help’ remedies available under the general law in the United Arab Emirates (UAE), for the unpaid and, no doubt, disgruntled contractor. We say ‘self-help’, as in the first instance the remedies do not require the assistance of the courts. …
By Stuart Jordan
Disputes are a fact of life everywhere in the construction world. One aspect of disputes resolution is, however, very different in the Gulf, compared to other places. This centres on the way parties are able to negotiate before formal legal process begins; to see what the issues are, and whether they can be resolved. …
FIDIC’s official Asia-Pacific Contract Users’ event is your once in a year chance to get best practice advice on contract selection, implementation and management.
Guidance that’s been tailored to the Asia-Pacific region and that’s delivered directly by members of the FIDIC Contracts Committee, as well as regional specialists. …
Contract management in Asia-Pacific – what is best practice?Read More »
By MATTHEW SHOWLER and PARNIKA CHATURVEDI
The UAE is one of the fastest-growing economies, where the construction industry is the third-largest sector after oil and trade. More than 6,000 construction companies operate in the country, with most construction activities taking place in the emirates of Abu Dhabi and Dubai.
The emergence of the industry in the UAE dates back to the 1950s in Dubai when Sheikh Saaed bin Maktoum, together with his son Rashid, decided to transform the emirate into a ‘permanent haven for coastal shipping’ and launched the Dubai Creek improvement project. The construction industry’s growth rate is expected to remain positive, as a result of increased government expenditure on developing infrastructure and industrial construction in the country. …
If your team would benefit from detailed and intensive guidance on all the key aspects of international construction and engineering law then you might want to take a look at the annual Construction Law Summer School.
2016 sessions include:
FIDIC; NEC3; termination & insolvency; time & delay; global claims & disputes; dispute boards; international arbitration; EU procurement regime; tendering liabilities; civil code; ADR. See more topics on the agenda.
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How will you benefit from 2016’s most comprehensive construction law advice?Read More »
The Founder and Director of Construction Management Guide, Samer Skaik, was highly commended for his submission ‘Taking Statutory Adjudication to the Next Level: Legislative Review Mechanisms of Erroneous Determinations’ in the 2016 Australian Society of Construction Law Brooking Prize. The paper effectively summarizes the core merits of his PhD research in that area.
The criteria used for awarding commendations include originality of thoughts and contribution to the construction law or its application in the industry as well as the quality of analysis, the freshness of ideas and the value of the work.
A more detailed version of that paper will also appear in the upcoming edition of International Construction Law Review Journal. …
CMGuide’s Director Highly Commended for Australian Brooking Prize in Construction LawRead More »
By STUART JORDAN
In the eyes of many people in our industry, the Middle East construction industry is old fashioned and not very open to new ideas. This view implies that new ideas are good ideas – which isn’t always the case.
Certainly, in the case of construction procurement models, the Gulf remains quite attached to single-stage competitive lowest price tender selection. Everyone knows where they stand and, as between employers and contractors, they stand quite far apart from each other! Relationships tend to be arm’s-length and driven by the formalities of the tender process. And the terms of the contracts formed in this way tend also to be tougher on contractors than we see in other parts of the world. …
Enrol on the International Construction Practice & Law Masters to increase your knowledge, everyday business skills and career opportunities.
The course is run by the University of Stuttgart, one of Europe’s most prominent science and engineering universities, and allows you the option of either completing the programme online or choosing to attend part-time lectures at the university. …
Open up new opportunities with the International Construction Law MastersRead More »
By STUART JORDAN
The world of construction procurement keeps changing. This process is driven by many factors: sometimes it is technological advances or efforts within our industry to do things better; and sometimes it is driven by external factors such as the worldwide impact of project finance. …
By MATTHEW SHOWLER and PARNIKA CHATURVEDI
The UAE is one of the fastest-growing economies, where the construction industry is the third-largest sector after oil and trade. More than 6,000 construction companies operate in the country, with most construction activities taking place in the emirates of Abu Dhabi and Dubai. …
In Australia, the courts have been inconsistent in their approaches to define jurisdictional facts upon which the jurisdiction of adjudicator can be determined. A very recent example is the case of Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2015] NSWCA 288. …
Apparently, the Appetite for further Reform of Security of Payment Laws in major Australian States is evolving. You might be interested to make submissions for the very recent discussion papers in the three States. The NSW and Qld papers have very interesting information on the operation of the SOP regime. Here is the detail:
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Statutory Adjudication Reform: New discussion papers in ACT, NSW and QueenslandRead More »
