Manage Change

Manage Change

It is said that the only constant in the world is change. You can make perfect plans, but they cannot account for every potential change that may occur. The longer your project, the more likely you will be dealing with changes. This is one reason why the TenStep process understands that the initial definition and planning processes do not have to be perfect. You and your team need to do the best job you can given what you know at the time. That is good enough. After that you need to manage the changes. [Read more…]

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Build for the end user – not for the developer

by Alan Millin

It’s not so long ago that buyers clamoured for properties in certain locations. Rumours abound of heated exchanges in both Dubai and Abu Dhabi as buyers tried to book properties off-plan.Times have changed though. Buyers are looking more at what they are going to get for their money, and rightly so. [Read more…]

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Mediate, adjudicate or both?

by Larry Lin
Increasingly, when a dispute arises between two contracting parties, they are strongly encouraged to settle the dispute in question through various types of resolution methods available. Such methods are collectively called alternative dispute resolution (ADR), and include negotiation, mediation or adjudication and should be used before the dispute is escalated into arbitration or litigation. [Read more…]

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Administration of project preliminaries

by Fattah Aderinto

Estimators and project administrators often administer preliminaries as either function of project cost, project duration or adjudication parameters. Also, most contracts in the Middle East often include an item under preambles, indicating a fixed method of administering preliminaries. These approaches do not agree with the logic of preliminaries and in the long run, are to the disadvantage of both the client and the contractor. [Read more…]

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Changes Afoot – the Proposed Arbitration Fairness Act

by Andrew Ness

The U.S. has been a staunch supporter of arbitration since 1925, when the U.S. Arbitration Act became law. The Arbitration Act makes arbitration agreements binding and simple to enforce, without significant exception. Rather suddenly, a substantial backlash against mandatory arbitration has appeared on the scene. One of the clearest indicators is the proposed Arbitration Fairness Act (H.R. 1020) that was introduced in the House of Representatives in February of 2009, and is still very much in play. While the anger is not directed at construction dispute arbitration, the concern is that commercial arbitration will end up being limited in important ways, as well as mandatory arbitration schemes where the use of arbitration is seen as one-sided and unfair.

[Read more…]

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Negotiating With a Client’s Representative Requires Different Tactics

By Michael Strogoff, AIA

Effective negotiating requires that parties understand each other’s goals, aspirations and underlying concerns. Some of these can be ascertained indirectly: clients can gain a preliminary understanding of what’s important to design professionals through reading their statements of qualifications and other marketing collateral; design professionals can gain insight into a client’s perspective through reading their request for qualifications, talking to design professionals that previously worked with the client, or through third parties that know the client. No matter how much prior research is done, however, it is only when parties meet in person to negotiate that they can fully understand what drives each other. To design professionals, this means negotiating with a client’s key decision-maker. [Read more…]

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Consultancy agreements and allegations of illegality

by Matthias Scherer

Contractors and suppliers operating abroad often conclude contracts with agents, consultants and other intermediaries who assist them in tender processes as well as in negotiating and performing contracts. Typically, these consultancy agreements provide that disputes are to be submitted to arbitration. Most disputes concern the consultants’ entitlement to a fee. In these disputes, the principal often argues that the contract was illegal under the applicable law. This notably occurred in two cases which led to two recent decisions of the Swiss Federal Supreme Court on applications to set aside or revise arbitral awards.

In the first case, a Swiss and a Taiwanese party had entered into a consultancy agreement in respect of a contract which the Swiss party wished to obtain for managing and maintaining an electricity plant in Taiwan. On the basis of the agreement, the Taiwanese consultant later initiated arbitration under the Swiss Rules of International Arbitration to obtain payment of his fees. The arbitral tribunal found in a partial award that the consultancy agreement was valid.

[Read more…]

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Seven strategies to beat the recession

One may curse, whine, pray or plead but there still seems to be no escape from the after effects of the financial downturn. But before this recession monster starts gulping down our hard-earned savings, let’s attack it using some time-tested strategies and tools. The following habits combined with your indomitable spirit will ensure that you are left with plenty of cash to meet your needs and more: [Read more…]

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Legal remedies for delay disputes

Building projects are often completed late. This may be due to delay on the part of the contractor, suspension of works, non-payment or other delays caused by the employer, or circumstances outside the control of both parties. MARTIN PRESTON* takes a look at what remedies may be available in such situations. [Read more…]

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Majority of new buildings do not follow building code – JEA

AMMAN – The vast majority of new buildings constructed in the Kingdom, excluding the capital, do not comply with the National Building Code (NBC), according to the Jordan Engineers Association (JEA).
Stressing that failure to follow regulations puts the safety of buildings at risk in the event of major earthquakes, Mahmoud Subhi, head of the JEA’s technical affairs and engineering supervision committee, told The Jordan Times in a recent interview that citizens are obligated to comply with the NBC. [Read more…]

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