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..)

This is your annual opportunity to get best practice advice on using the FIDIC contracts and updates on the contract changes and amendments – directly from the very people who drafted them!

Get a 10% discount with VIP code: FKW82257CMGP1 – and if you book by the end next Thursday 15^th December you’ll get the lowest early bird prices as well. (Read more..)

Variations in Construction Contracts

Variations in construction contracts can mean changes to the terms of the contract or it can mean changes to the scope or character of the works. In this article, Lim Chuen Ren looks at variations in construction contracts in the latter sense.

(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.

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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.

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Construction Lifecycle Risk Management Conference

Date: 17^th & 18^th April 2011

Venue: Sheraton Abu Dhabi Hotel & Resort, Abu Dhabi, UAE

Welcome and Opening Remarks by the Chairperson, Samer H Skaik

Ladies and Gentlemen,

Good morning.

I am delighted to join our speakers in welcoming you all and open this Conference on “Construction lifecycle Risk Management” in Abu Dhabi.

It gives me great pleasure and honor to chair this conference. I am so happy that we have in this hall, dedicated individuals from different backgrounds and expertise, from various industries across the GCC region. Those delegates who travelled for miles remind us how important this conference is. Thank you all for coming.

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Contract Requirement

Max Abrahamson in his book Engineering Law and The ICE Contract wrote

” A party to a dispute, particularly if there is an arbitration will learn three lessons (often too late) the importance of records, the importance of records and the importance of records”. This quotation came to mind recently when I read the judgement in the case of Attorney General for the Falkland islands v Gordon Forbes construction (Falklands) Limited. A contract was let for the construction of the infrastructure of the East Stanley Housing Development in the Falkland Islands using the FIDIC 4th Editions conditions.

(Read more..)