Construction Management Guide

by KK Sarachandra Bose
Organisation of business is a matter of municipal laws. As such, the organisational form that a business can assume depends on its place of creation. While entering into contracts, it is important for the contracting parties to understand the legal system in the country. The legal system in one country can vary greatly from that in another. (Read more..)

by Antonios Dimitracopoulos
As a result of the termination or indefinite suspension of projects en masse, over the last two to three months, irate contractors were seeking urgent advice from their lawyers on their legal position, as well as on the process and cost of dispute resolution options. (Read more..)

by Dennis Brand
For termination of a contract due to default by the Contractor, FIDIC 4th Edition provides remedies for the employer in Clause 63.1 which, save for a fairly common provision relating to the contractor’s bankruptcy, liquidation or dissolution, requires a certificate to be issued by the engineer stating (a) that the contractor has repudiated the contract, or (b) without reasonable excuse has failed to commence or proceed with the works following a 28-day notice, or (c) has failed to comply with a specific notice or instruction concerning rejection and/or removal of improper work, materials or plant, or (d) despite previous warning from the engineer, is neglecting to comply with any of the contractor’s obligations, or (e) has contravened the provisions of the contract related to sub-contracting, in which case, upon the employer giving 14 days’ notice to the contractor, may enter upon the site and terminate the contract. (Read more..)

by Anthony Edwards

 In May, Construction Week reported the UAE’s plan to finalise a new arbitration law, and highlighted various criticisms of the current draft. One contributor was quoted saying that “The point (in arbitration)…is beaten if things get complicated”. Review of the current draft suggests that the criticism reported in May could hardly have abated. (Read more..)

by Nick Carnell

Nick Carnell, partner, Kennedys, believes it should be easier for parties to resolve disputes outside of the courts after launching proceedings. (Read more..)

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.‎ (Read 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. (Read more..)

By: Antonios Dimitracopoulos 

Arbitration is almost by default the standard dispute resolution mode built into construction contracts. But is it always as efficient and suitable for the purpose it is meant to be? Or is it so only under certain conditions which, if left uncared for, can result in an erosion of what was meant to be an improvement to litigation. (Read more..)

By Hamish Macdonald
 
In the first place, DABs are not intended to replace arbitration or litigation but are to be considered as part of a multi-tiered dispute resolution process. The use of a DAB has been described as an early and intermediary step directed at avoiding the need to resort to other more expensive and more time-consuming procedures such as arbitration or litigation. (Read more..)