Incorporation by Reference

What is ‘incorporation by reference’? Put simply, it is a means by which the parties to a contract make reference to a standard form of contract conditions, technical specifications or similar publication without the need of having to retype the whole of that document in order for it to form part of the documentation which together forms the contract between the parties. [Read more…]

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On-demand bonds are not foolproof

KATIE LISZKA* looks at the circumstances in which the beneficiary of an on-demand performance bond may be prevented from calling on the bond for reasons outside the terms and conditions of the bond itself.

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Retrospective Delay Analysis Techniques

In the Society of Construction Law Delay and Disruption Protocol, four retrospective delay analysis techniques are referred to, as follows:
1. As-Planned v As-Built.

2. Impacted As-Planned.

3. Collapsed As-Built.

4. Time Impact Analysis.

A brief analysis of each of these delay analysis techniques is given below.

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Main Contract Dispute

Subcontractors being lower down the food chain are reliant upon contractors for payment. Where disputes arise over the amount a main contractor is obliged to pay to the subcontractor the usual ” he who alleges must prove ” argument comes to the fore. If the main contractor makes a claim against a subcontractor and as a result reduces the amount due for payment or seeks to recover actual payment from the subcontractor then the shoe is on the other foot. [Read more…]

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Why eco-friendly builders should research green performance bonds

Legal debates come up frequently in the construction industry. No matter what the problem is or whose fault it actually was, professionals and project owners alike seem to be good at playing the blame game. When problems related to a structure’s stability or safeness arise, contractors generally find themselves having to resolve the problem in one way or another. [Read more…]

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Benefits and issues of design-build model

THE construction industry has seen a traditional method of procurement come to prominence, with many projects now being developed on a ‘design-build’ model as opposed to procuring separate design and build packages. [Read more…]

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Communication Management Plan Examples

There are three types of communication – mandatory, informational and marketing. When you create a Communication Plan for your project it might make sense to have different types of communication that fit into all three categories.

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Opening and Closing remarks of Construction Lifecycle Risk Management Conference

Construction Lifecycle Risk Management Conference

Date: 17th & 18th April 2011

Venue: Sheraton Abu Dhabi Hotel & Resort, Abu Dhabi, UAE

Welcome and Opening Remarks by the Chairperson, Samer H SkaikWelcome and Opening Remarks by the Chairperson Samer H Skaik

Ladies and Gentlemen,

Good morning.

I am delighted to join our speakers in welcoming you all and open this Conference on “Construction lifecycle Risk Management” in Abu Dhabi.

It gives me great pleasure and honor to chair this conference. I am so happy that we have in this hall, dedicated individuals from different backgrounds and expertise, from various industries across the GCC region. Those delegates who travelled for miles remind us how important this conference is. Thank you all for coming.

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Inherent Risk Factors

Inherent risks are those that exist based on the general characteristics of the project. These are risks that can appear regardless of the specific nature of the project.

None of the inherent risks mean that the project is in trouble. Many of these risk factors will be rated as low or medium-level risks. Even if you identify an inherent risk as high, other project factors will come into play as well. For instance, the checklist below states that a large project is inherently more risky that a smaller project. This is generally true. However, an experienced project manager can mitigate many risks associated with large project size. Also remember, if your project falls into a high-risk category, it does not mean you will not be successful. It only means that you should put plans into place to manage the risks. [Read more…]

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RECORDS, RECORD, RECORDS – Importance for Contract Claim

Contract Requirement

Max Abrahamson in his book Engineering Law and The ICE Contract wrote

” A party to a dispute, particularly if there is an arbitration will learn three lessons (often too late) the importance of records, the importance of records and the importance of records”. This quotation came to mind recently when I read the judgement in the case of Attorney General for the Falkland islands v Gordon Forbes construction (Falklands) Limited. A contract was let for the construction of the infrastructure of the East Stanley Housing Development in the Falkland Islands using the FIDIC 4th Editions conditions.

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