arbitration

Contract Administration

Problems with using critical path analysis for proving delay claims

By Robert Palles-Clark

In my previous article for the Legal Review, I argued that, in the case of a claim for delay on a construction project, the courts are directing us towards the need for some sort of critical path analysis to be provided as part of the evidential material required to prove the claim. There are plenty of planners out there that will tell you that the use of critical path analysis for this purpose is essential. It is certainly the norm ultimately for both parties to an arbitration or litigation concerning delays to appoint planning experts and for those experts to present their critical path model and analysis of the delays contended for. In this article I thought that it would be interesting to examine some of the many problems associated with the requirement and use of such techniques. …

Construction Law

What law and forum to select?

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. …

Construction Law, Contract Administration

The UAE’s new arbitration law: is there an easier way?

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. …

Contract Administration

How to terminate a contract

by Michelle Nelson
One of the issues coming across our desks more and more is that of termination of a construction contract/ The questions asked are usually: can we terminate this contractor/subcontractor for non-performance? What about termination because we can get a better price elsewhere? Or on the other side of the fence: we were terminated without reason or warning. Can we make a claim? …

Construction Law

PWA’s general conditions of contract and the applicable provision of law no. 22 of 2004 (Civil Code of Qatar)

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.‎ …

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