Dealing with Concurrency in Construction Delay Claims

by Dean O’Leary

One of the most problematic issues relating to construction delay claims is that of concurrency. Indeed, concurrency causes problems for many of those involved with construction claims, not only contract administrators (e.g., architects and engineers), but also for claims consultants, experts, lawyers and, apparently, even some members of the judiciary.[1] This article seeks to discuss the issue of concurrency in both an international and regional setting.[2] [Read more…]

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Architect’s duty to act fairly in certification and granting extensions of time

An architect is under a duty to act fairly in certification and the granting of extensions of time. In the present case, the Superintendent had held the dual roles of project architect and Superintendent so that there was a real possibility of conflict. The employer was also under a duty to ensure that she arrived at a reasonable measurement of the value of the work. The court was entitled to open up and review her decisions. [Read more…]

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6 Reasons Why Dubai’s Real Estate is on the boom

By Parag Deulgaonkar

Dubai is experiencing a sound and balanced cyclical economic upswing with the real estate growth not being reminiscent of 2008, according to a Citi report

In mid-2008, the Dubai economy was being increasingly driven by construction activity, with developers building projects based on off-plan sales model, the global bank said in a new report released on Sunday. [Read more…]

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Contracts in writing again

Camden Council’s challenge to an adjudicator’s awards has been dismissed by the Technology and Construction Court. The Council had argued that the adjudicator appointed to the dispute with contractor Sprunt Ltd.

Lacked jurisdiction because there was no contract in writing and because the adjudicator had been appointed by the Royal Institution of Chartered Surveyors (RICS) and not the Council itself. The judge found that there had been a contract based on a letter Sprunt had sent to the Council offering to reduce its fees by 5%. Both parties ‘ conduct after this had established that a contract was in place. The court also rejected the argument that Camden should be the Adjudication Nominating Body. It is a contravention of the Housing Grants, Construction and Regeneration Act 1996 for a contracting party to be an Adjudication Nominating Body as this would jeopardise the requirement that the adjudicator be impartial. [Read more…]

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Mulalley case rules in favour of subcontractor

A court has ruled that a subcontract did not contain an implied term requiring a subcontractor to proceed regularly and diligently. Its obligation was limited to completing on time.

The case, Leander Construction v Mulalley, is likely to have widespread application, according to Mark Clinton, a partner at law firm Thomas Eggar. [Read more…]

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An ideal choice for anyone looking to strengthen their international construction law skills…

 IBC Legal’s most comprehensive construction law event is your team’s annual opportunity for 4 days of intensive learning and networking…

Construction Law Summer School – 14th Annual Conference

1st to 4th September 2014 – Downing College, Cambridge University, UK [Read more…]

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Hiring a consultant? Check these points


PROFESSIONAL consultants are engaged on construction projects to provide specialist advice. The type of consultants appointed can range from architects, mechanical and structural engineers and surveyors to specialist consultants in fields such as safety, planning and traffic management.

Yet the terms of the professional appointments under which each tends to be engaged are very similar, with only the services schedules being truly distinct. [Read more…]

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Dubai Expo 2020 work starts on Mega Projects

By Parag Deulgaonkar
Dubai developers have commenced work on mega projects and are set to complete their developments much before 2020.

The aim is to deliver their iconic projects (tourist attractions) ahead of Expo 2020, which will run from October 20, 2020 to April 10, 2021, and aims to draw more than 25 million visitors to the country. [Read more…]

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Projects boom will pose challenges


Dubai will become the first Middle Eastern city to host the World Expo, when it stages the event in 2020. These international showcases of technology, architecture and culture, which are held every five years, are large public exhibitions that attract millions of visitors.

The event is expected to attract billions of dollars in investment to the UAE. It is projected that the six-month-long exhibition will attract approximately 25 million visitors. The government has budgeted for at least $8 billion worth of new projects for the event, in addition to existing plans for mega projects in the emirate. [Read more…]

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Pitfalls & Tips of Dealing with Subcontract Nomination under FIDIC and UAE Civil Law

AACEI is pleased to announce its next Technical Event on 24th June 2014, Tuesday between 6:30 PM and 8:30 PM

Event Type     :  Technical Presentation
Event Title      :  Pitfalls & Tips of Dealing with Subcontract Nomination under FIDIC and UAE Civil Law (Flyer Attached)
Date & Time   :  24th June 2014, Tuesday – 6:30 PM to 8:30 PM
Venue            :  Hotel Gloria, Opp to Internetcity Metro Station, SZ Road, Dubai (Location Map Attached) [Read more…]

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