Construction Industry, Contract Administration

Performance Contracts in FM

By Azzam Messaykeh

Today, with intense competition, high costs of operation and still-struggling economies, businesses are seeking ways to become leaner, more agile and increase operational efficiencies.

Concentrating efforts on cutting costs makes sound business sense, and that is where the importance of energy performance contracting comes in, making it a viable financial strategy. …

General Management, PMP Hints, Project Management

Provide Leadership to Implement Critical Change Requests

Scope change is not inherently bad or good. However, the team can react to changes in positive and negative ways, depending on the state of the project. A typical reaction from most project teams is to just go ahead and make the approved changes. However, there is another reaction that can be more problematic – the team may not want to make any more changes. This is the scenario for this column. This situation could occur for a variety of reasons. …

PMP Hints, Project Management

Manage Quality and Metrics – Techniques

Gather Subjective Metrics with Client Satisfaction Surveys

Gathering metrics is important because it allows you to see how you are performing against the expectations of your clients. If the world were perfect, all of the metrics you collect would be factual, relevant and accurate. However, in many cases it is impractical or cost-prohibitive to try to gather exact and quantitative numbers. …

Construction Law, Contract Administration, Project Management

The direct agreements solution

By Katie Liszka
Direct agreements are used in project finance transactions to provide lenders with protection should the project get into difficulty. These are contractual mechanisms that enable the lenders to step into the shoes of the project company (the borrower) and take over the project and/or find a substitute entity to continue the project. The parties to the direct agreement include the project company itself and the counterparty to the project document to which the direct agreement is collateral to. …

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

CMGUIDE Founder to Speak at FIDIC Middle East – CMGUIDE Readers get a 20% saving!

FIDIC’s 4th Middle East Contract Users’ Conference
The essential annual review of the latest developments in the FIDIC suite of contracts From FIDIC for FIDIC users

Main Conference: 26th & 27th February – Workshops: 25th & 28th February – Dubai

We’re delighted to announce that Samer H. Skaik the founder & principal for Construction Management Guide will be speaking at the 4th FIDIC Middle East Contract Users’ conference. …

PMP Hints, Project Management

Managing Staff

Topic 1. Overcome Team Resistance to Project Management

It’s one thing to build a Project Charter and the schedule. It’s another thing to effectively manage the project. If you could issue the plan and the work assignments and have everyone complete his activities on time, your life would be much easier. However, the process of managing the team and the schedule becomes complicated because of the people element involved. …

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

EPC Forum 2013

This EPC Forum 2013 will address the challenges faced by owners and EPC contractors from scope of work to delivery of project without compromising other aspects such as handling construction risk and cost management throughout the years. Take a step further to hear it from other key speakers around the globe and exploring new working opportunities around the world. …

Construction Law, Contract Administration

Why Multi-Party Arbitration Should Have a Satisfactory Regime in International Construction

By Dr. Chandana Jayalath

The term construction contract involves not only contractors and employers but also consultants from different disciplines, sub contractors, investors, insurers, bankers, and so on. The international nature lies in both the facts that the parties come from different countries and so is the source of supply of works, goods and services. The forms of contract also differ upon for whom the work is being carried out. …

Construction Law, Contract Administration

Limitations and Hypothesis Underlying the Use of Interpretation Rules in Construction Contracts Revisited

By Dr. Chandana Jayalath

The whole idea of interpretation is to dig out the intention of the parties had in their minds at the time they entered into the contract. There are rules of interpretation that have been based on common sense connected with the ordinary life. It is the philosophy of language that provides material for interpretation. In contract law, it is now well-established that the context is important in interpreting documents, which is often referred to by the label ‘matrix of facts’, ‘surrounding circumstances’, or ‘factual background’. Courts must place itself in thought in the same position as the parties to the contract were placed, in fact, when they made it. Accordingly, those involved in contract interpretation should not try to make a bargain for the parties, but instead seek to understand what the parties meant by reference to the words which they chose. …

Construction Law, Contract Administration

Dealing with Suspension Claims

By Dr. Chandana Jayalath

Suspension usually occurs on a construction project when an employer requires a contractor to temporarily stop work on all or a portion of the project. Contractually, the contractor shall suspend the progress on the engineer’s written notice if it is only provided for in the contract, due to contractor’s default, due to climatic conditions, on safety reasons, necessary for proper execution of work or in excepted risks. A mandatory requirement is cast on the contractor to give a written notice of his intension to claim for any additional cost or time within a specified period from the date of receiving the engineer’s order to suspend the work. This clause specifically permits the engineer to authorize extension of time or payment of extra cost, whose decision is final and binding. …

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