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. [Read more…]

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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. [Read more…]

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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. [Read more…]

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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. [Read more…]

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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. [Read more…]

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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. [Read more…]

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Dealing with Construction Claims – the Gulf Way

By Dr. Chandana Jayalath

The topicality of claims has been accentuated by the fact that contractors keep chasing extras, and clients keep pursuing cost savings, particularly in lump sum contracts where the majority has been locked into. The trend is that claims specialists are reported mobilize on such contracts even before construction commences, to locate loopholes in the documentation and look for lapses in the process of contract administration that will altogether facilitate ‘juicy’ claims. This situation has jerked the entire Gulf region into awareness on the importance of good contract administration and the supreme importance of documentation. [Read more…]

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Amendment, Deletion or Silence – Which One is Better?

By Dr. Chandana Jayalath

Any standard form of contract is a generic product applicable under ‘typical’ circumstances subject to amendments in the Particular Application section in order to cater locally specific project requirements where necessary. Importantly, the Contractors therefore recognize the differences and know how to act upon those amendments in the contract. All in all, everyone ‘knows the deal’ if presented with a standard form. The other significant advantage is that the wording of many standard forms has been subject to interpretation over the years by courts. But at least with standard forms both employers and contractors know roughly where they are standing. There are always those who wish to go down the bespoke route but even in bespoke contracts there are vast chunks of texts copied straightway from standard forms. Even though on most occasions what the standard form gives with one hand the amendments take back with the other. [Read more…]

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Claims on Prolongation Costs

By Dr. Chandana Jayalath

It is common practice that time extension claim comes before the claim on prolongation costs. Once an extension of time has been granted, the evaluation of the additional prolongation costs is often related to the period between the contract completion date and the extended completion date. Prolongation cost is also calculated on time related preliminaries. The author contends that this line of thinking is illogical. [Read more…]

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Understanding the Generality of Variation Clauses and the Variety of Broad Interpretation that Exists under FIDIC Based Contract Modalities in Gulf

By Dr. Chandana Jayalath

Majority of construction contracts in the Gulf region maintain the principle features of the FIDIC forms of contract, yet there are many subtle changes from the FIDIC forms of contract. These changes will eventually imbalance the even risk allocation between the parties. Many contracts drafted in one sided language biased towards the clients are a result of cut and paste exercise, for instance, sometimes; there is no provision for price escalation and variations exceeding 10 or 15 per cent. The message to contractors entering into contracts on the basis of these forms is to review them very carefully without being fooled into thinking they are simply the FIDIC versions. [Read more…]

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