By Shona Frame
FIDIC Conditions require the contractor to give notice of a claim for extension of time (EOT) not later than 28 days after the contractor became aware, or should have become aware, of the event or circumstances giving rise to the claim. The Technology and Construction Court (TCC) in London has recently adopted a relaxed interpretation of this requirement. [Read more…]
Get the legal, commercial and practical guidance you need to minimise your risks, cut your costs and successfully resolve conflicts by getting advice from 35+ international experts at IBC Legal’s annual conference in London.
And as a reader of CMGuide you can get a 10% saving – quote VIP code FKW82468CMGP [Read more…]
Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court procedure. It has become increasingly popular in construction contracts as a fast and efficient means of resolving disputes.
Adjudication is now a statutory requirement in Malaysia, and Qatar is considering making it mandatory for its World Cup projects. [Read more…]
By M. Vasanth Kumar
The construction industry is often criticised for neglecting environmental issues in favour of profit.
While the industry as a whole is actively pursuing the building of green building projects, the flip side is that not all companies who are accredited to Green Building Council membership nor all LEED-accredited professionals follow or encourage others to follow eco-friendly practices in their day-to-day tasks. [Read more…]
By Clare Raven
There are a number of formal types of mediation in the UAE and sometimes disputing parties adopt informal mediations in order to try to resolve their disputes. In this article Clare Raven of Hadef & Partners will consider the more frequently used types of mediation deployed in the UAE with a particular focus on Dubai. This is not intended to be an exhaustive discussion of all types of mediation. [Read more…]
By Suzannah Newboult
Sandstorms and high wind speeds prevent the operation of cranes, extreme temperatures can impact on productively, and even unexpected heavy rainfall can effect site operations in Qatar. But is it the contractor or the client who should suffer the consequences of bad weather? [Read more…]
By Heba Othman
A common scenario: the Employer is not happy with the Contractor’s performance, whether because of failure to perform the works in the manner provided for in the Contract or because of some other breach of the Contract. The Employer picks up the Contract, which – in the UAE – is usually some modified FIDIC standard form, in search of the termination provision. Most such termination provisions require the Employer to send the Contractor a notice to correct the failure or the breach within a specified period. If the Contractor fails to correct the breach, then the Employer becomes entitled to terminate the Contract. The Employer, feeling confident of its legal position, sends the termination notice. The Employer is satisfied that it has correctly terminated the contract. [Read more…]
by Robert Karrar-Lewsley
The Dubai International Arbitration Centre (DIAC) is the most widely used arbitration centre in the region. It has a modern set of rules that generally work well. However a recent Dubai Court of Cassation judgment has confirmed what many believe to be a flaw in its rules: they do not grant the tribunal power to order the recovery of legal costs.Therefore in the absence of express agreement by the parties, legal costs are not recoverable in a DIAC arbitration. This article puts this recent judgment in context and offers guidance as to how parties might still recover their legal fees in a DIAC arbitration. [Read more…]
This article addresses situations where there is an arbitration agreement but the dispute is reviewed by the national courts instead of being referred to arbitration or the arbitration clause is contested. Minor issues could cause an unwanted outcome contrary to what the parties agreed to initially. [Read more…]
By Martin Preston
WITH the exception of power and/or water desalination plants, the GCC states have tended to procure their infrastructure directly rather than looking to the public-private partnership (PPP) model. However, a number of GCC states are now looking to the PPP model as a means of procuring infrastructure projects outside the power and water sectors as well.
Dr Samer Skaik
@cmguideorg
 |
 |
 |
 |
 |
