Contract Administration

Construction Industry, Contract Administration, General Management, Project Management

Responsiblity in negotiation

By By Vasanth Kumar
It is understandable that no construction project is risk-free as risk is inherent in the contracting business. Project risks could arise from factors such as natural, political, social, economic, legal, and general behaviours. Whilst risks can be managed, minimised, shared, transferred, or accepted, they cannot just be simply ignored.

The common ways of handling risks in construction contracts are by means of due diligence, insurance, quantifying damages, indemnity, and enforcing liability caps of parties. …

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Construction Industry, Contract Administration, Project Management

The art of avoiding contract conflict

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By Saifee M. Tarwala

Ultimately, almost every construction project will vary from its initial design, scope, and definition.

Hardly any project is executed as per the original contract scope prepared by architects and engineers; changes are inevitable due to factors such as technological advancements, statutory enforcement, geographical and geological considerations, and non-availability of specified materials.

Standard forms of contract typically include express provisions, giving engineers the power to amend orders when such changes become necessary (FIDIC Clause 51.1). This clause is designed to facilitate the smooth administration of works and contracts. …

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Construction Industry, Construction Law, Contract Administration, Project Management

What’s happening at IBC Legal’s most comprehensive construction law event in 2015?

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The Construction Law Summer School is the most comprehensive event in IBC Legal’s Construction Law & Engineering Series and is therefore the ideal choice for anyone on your team looking to gain a thorough understanding and international update of the area.

The conference combines case studies, discussion groups, Q&A sessions, presentations, workshops and a different social activity every evening – allowing your team to gain the maximum learning benefit from the 20+ international speakers. …

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Construction Industry, Construction Law, Contract Administration, Procurement Management, Project Management

Construction Law: Contracts & Disputes – avoid costly mistakes by following these experts’ recommendations

 

Equip your team with guidance on how best to minimise risks, avoid unnecessary conflicts and cut the costs of resolving disputes by getting guidance from 35 speakers at the Construction Law: Contracts & Dispute Management conference.

Taking place in London, delegates will be able to focus their time but choosing from these five separately bookable segments… …

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Construction Law, Contract Administration

FIDIC Time Bar Provisions

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By Andrew MacCuish and Denis Moriarty

Given the frequency with which we have referred to, or had others refer us to, and English Court decision interpreting part of the FIDIC standard form, we thought it would be useful to refresh your knowledge. Readers may recall the decision of The Hon. Mr Justice Akenhead in the English High Court case of Obrascon Hautre Lain SA v. Her Majesty’s Attorney General for Gibraltar [2014] EWHC 1028 (TCC), and the useful discussion and views as to the interpretation and operation of aspects of clause 20.1 (and its inter-play with clause 8.4) of the standard FIDIC contract conditions – in this case, the version generally known as the “Yellow Book”. …

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Construction Industry, Construction Law, Contract Administration

Have you seen the news Masters in International Construction Practice & Law?

This new part-time Masters course will allow you to gain a competitive advantage from the University of Stuttgart, one of Europe’s leading centres of engineering excellence.

Designed for professionals based around the globe and taught in English the programme provides a practical, commercial and legal understanding of the international construction industry. Find out more. …

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Construction Law, Contract Administration, General Management, Statutory Adjudication

Adjudication is future of dispute resolution

By STUART JORDAN

The future is adjudication. Its benefits are being seen in more regions globally, and governments everywhere are enacting legislation for a mandatory right of adjudication in construction disputes.

Well, not quite everywhere.

In the Gulf region, we have not seen much take up of adjudication as is provided for in standard Fidic (Fédération Internationale des Ingénieurs-Conseils, French for International Federation of Consulting Engineers) contracts nor enactment of the statutory version. …

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Construction Law, Construction Technology, Contract Administration, Procurement Management, Project Management

Exclusion clauses: the pitfalls

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By ARASH RAJAI

FOR any contractor or service provider entering into a construction contract, one of the most important priorities in contract negotiation is to manage its overall financial exposure.

This is commonly achieved in construction contracts by agreeing to a financial cap on liability and/or by attempting to exclude certain types of liability commonly called “consequential or indirect losses”. …

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Civil Engineering, Construction Industry, Construction Law, Construction Technology, Contract Administration, Procurement Management, Project Management

FIDIC’s 2015 Middle East Contract Users will take place in Abu Dhabi

FIDIC has announced the dates for their 6th Middle Eastern Contract Users’ conference.

The event will take place in Abu Dhabi on 2nd & 5th March.

Readers of CMguide can get a 10% saving by clicking here. …

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Construction Law, Contract Administration, Procurement Management, Project Management

Contract Competition

With a Qatar 2022 World Cup on the horizon and Dubai’s successful bid for Expo 2020, the scale of infrastructure investment in both countries is unlikely to be anything short of exceptional over the course of the next few years.

In both the UAE and Qatar (and indeed in many other Gulf countries), procurers of major infrastructure have generally opted for the FIDIC Standard Form Contracts to deliver their projects. There is, however, an emerging competitor on the international projects scene in the form of the Third Edition of the New Engineering Contract (NEC3). …

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