Contractual disputes: how to resolve them

By MATTHEW SHOWLER and PARNIKA CHATURVEDI
The UAE is one of the fastest-growing economies, where the construction industry is the third-largest sector after oil and trade. More than 6,000 construction companies operate in the country, with most construction activities taking place in the emirates of Abu Dhabi and Dubai. [Read more…]

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Is ‘reference date’ deemed an essential jurisdictional fact for validity of Adjudications?

In Australia, the courts have been inconsistent in their approaches to define jurisdictional facts upon which the jurisdiction of adjudicator can be determined. A very recent example is the case of Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2015] NSWCA 288. [Read more…]

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Statutory Adjudication Reform: New discussion papers in ACT, NSW and Queensland

Apparently, the Appetite for further Reform of Security of Payment Laws in major Australian States is evolving. You might be interested to make submissions for the very recent discussion papers in the three States. The NSW and Qld papers have very interesting information on the operation of the SOP regime. Here is the detail:

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FIDIC’s Contract Users’ Series comes to Dubai

FIDIC’s official Contract Users’ Series travels the globe delivering best practice advice for selecting, using and managing the range of FIDIC contracts.

It’s the turn of the Middle East – the 7th FIDIC Middle East Contract Users’ Series will take place next month in Dubai.

As a reader of CMGuide you’re eligible for a 10% saving. [Read more…]

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Have you seen the new date? International Construction Law by distance learning

Looking to strengthen your construction law skills?

How about getting a postgraduate diploma from a UK university – while you remain in full-time employment, from the comfort of your own home and in just one year? [Read more…]

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The risks of adopting informal contracts

By STUART JORDAN

What proportion of construction projects in the Middle East are carried out under informal contracts, which would include verbal and partially written contracts, preliminary statements such as a memorandum of understanding (MoU), heads of terms (HoT) or some sort of letter of award (LoA)?
While I don’t have figures for this but from my experience it is a lot – maybe half. More worrying, my main experience of this comes from dealing with disputes. [Read more…]

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Sub-Clause 20.1 – the FIDIC Time Bar under Common and Civil Law

By Jeremy Glover, Fenwick Elliott
The key features of sub-clause 20.1 of the FIDIC form are: [Read more…]

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Terminating Construction Contracts For Convenience In The UAE

By Faisal Attia and Zane Anani

Under the UAE Civil Code there are three ways to terminate a contract: by consent, by operation of law and by court order (Article 267). Articles 892 to 896 of the UAE Civil Code also deal with the issue of termination of muqawala contracts, which are contracts for works (i.e. construction contracts). [Read more…]

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FIDIC’s biggest Contract Users’ event is just two weeks away

You can benefit from the FIDIC Contracts Committee’s direct guidance by attending this year’s official FIDIC International Contract Users event. They’ll be joined by world-class lawyers, top engineers and contract users from a range of leading companies to make sure that delegates go away with a comprehensive and balanced understanding of the latest contract developments. [Read more…]

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A PROPOSED ROADMAP TO OPTIMISE THE ADJUDICATION OF COMPLEX PAYMENT DISPUTES IN AUSTRALIA

By Samer Skaik, Jeremy Coggins and Anthony Mills

In Australia, statutory construction adjudication has recently received a lot of criticism due to the increasing amount of determinations that have been quashed upon judicial review, and anecdotal evidence from some quarters showing dissatisfaction with the quality of adjudication decisions. Such criticism is particularly aimed at adjudications of large and technically and legally complex payment disputes, where adjudicators are under pressure to consider substantial volumes of submissions in very tight timeframes.

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