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. (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. (Read more..)
FIDIC’s official Contract Users’ Series travels the globe delivering best practice advice for selecting, using and managing the range of FIDIC contracts.
It’s the turn of the Middle East – the 7th FIDIC Middle East Contract Users’ Series will take place next month in Dubai.
As a reader of CMGuide you’re eligible for a 10% saving. (Read more..)
By Faisal Attia and Zane Anani
Under the UAE Civil Code there are three ways to terminate a contract: by consent, by operation of law and by court order (Article 267). Articles 892 to 896 of the UAE Civil Code also deal with the issue of termination of muqawala contracts, which are contracts for works (i.e. construction contracts). (Read more..)
You can benefit from the FIDIC Contracts Committee’s direct guidance by attending this year’s official FIDIC International Contract Users event. They’ll be joined by world-class lawyers, top engineers and contract users from a range of leading companies to make sure that delegates go away with a comprehensive and balanced understanding of the latest contract developments. (Read more..)
By Samer Skaik, Jeremy Coggins and Anthony Mills
In Australia, statutory construction adjudication has recently received a lot of criticism due to the increasing amount of determinations that have been quashed upon judicial review, and anecdotal evidence from some quarters showing dissatisfaction with the quality of adjudication decisions. Such criticism is particularly aimed at adjudications of large and technically and legally complex payment disputes, where adjudicators are under pressure to consider substantial volumes of submissions in very tight timeframes.
By Dean O’Leary
It is trite that many projects in the UAE are completed late. The issues flowing from late completion are: (i) what was the cause; (ii) who was responsible; and (iii) what compensation is due (if any). (Read more..)
By Samer Skaik, Jeremy Coggins and Anthony Mills
Statutory adjudication has been enacted throughout Australia on a state-by-state basis. The original enacting legislation may be broadly divided into two models which have become known as the East Coast and West Coast models. The East Coast model adjudication scheme – which is operational in NSW, Victoria, Queensland, Tasmania, ACT and South Australia – has in recent times come under much criticism for failing to facilitate determinations of sufficient quality with respect to large and/or complex payment claims. (Read more..)
By Pamela Mcdonald
All contractors, whether in Qatar or elsewhere, want certainty as to their contractual obligations. Contractors want to know well in advance what their potential exposure is if those obligations are breached.
What are they liable for if they are late in completing the works? How secure are the damages for late completion that are specified in advance in the contract?
Liquidated damages (LD) provisions in construction contracts fix a sum that is payable by the contractor in the event that it is late in completing works. (Read more..)
By Samer Skaik
In complex high rise projects, employers tend to fast track works where construction can begin while design is still incomplete following three main phases of procurement. Shoring system and piling are firstly procured and awarded to an enabling contractor. Upon completion of enabling works, main design and traditional tendering of the second phase can be concluded in order for main construction works to commence on site. While main work is progressing, design of specialist packages will be completed and nominated subcontractors are appointed in a timely manner shaping the third phase of procurement. Such common phased construction usually results in substantial time saving in project life cycle. However, many fast track projects suffer time and cost overruns due to inherent risks of fast tracking such as design deficiencies and ambiguities in risk allocation between involved parties. This paper aims to investigate pros and cons of fast track procurement approach for complex high rise projects and examine how relevant risks are allocated among enabling contractors, main contractors, nominated subcontractors and project consultants in theory and practice. (Read more..)
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