Construction Law

Mediation – Does it work in the Middle East?

by Essam Al Tamimi

On 1 May 2014, the ICC held the MENA Launch of the ICC Mediation Rules 2014 (“Rules”) in Dubai and introduced the new Rules which came into force on 1 January 2014. The Rules govern the parties’ agreement to ICC Mediation or any request made by the parties following a dispute to use the ICC Mediation process. The Rules are simple and straightforward and the cost is comparatively low. These Rules are not as extensive as the arbitration rules because the Rules are not binding and are subject to the parties continuing with mediation. …

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Construction Law

Arbitration in the UAE: Aiming for excellence

by John Gaffney & Dalal Al Houti

The United Arab Emirates (UAE) is experiencing a period of substantial economic growth again as it a continues to diversify its economy. This will continue to attract substantial inward investment in the UAE. It goes without saying that increased inward investment ought to be complemented by effective and transparent dispute resolution mechanisms in the host State (in addition to international recourse under multilateral and bilateral investment agreements, where appropriate). The UAE increasingly favors arbitration as a suitable mechanism for alternative dispute resolution and is committed to ensuring that this mechanism develops in the UAE in line with international best practice, such as that exemplified by the ICC and other international institutions. …

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Construction Industry, Construction Law, Contract Administration, General Management, Project Management

INSURANCE IN CONSTRUCTION CONTRACTS: A FEW THINGS TO KNOW

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There are many risks in any construction project. The majority of these risks are usually assumed (and priced) by the contractor during the construction phase, who typically covers this exposure by taking out various insurance policies.

Insurance in construction contracts can be complicated and the purpose of this article is to provide an overview of some key issues to be aware of in this intricate area. …

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Construction Industry, Construction Law, Contract Administration

The use of experts in construction disputes in the UAE

by Dean O’Leary
Those familiar with construction disputes in the UAE will know that it is not unusual for experts to be involved in the dispute resolution process.
This article seeks to discuss where, when and which types of experts are used in the UAE. The article also touches on some of the criteria a party should consider when looking to retain an expert. …

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Construction Law

Qatar amends laws regulating the practice of engineering professions

by Ahmed Jaafir – a.jaafir@tamimi.com
Practising engineering professions in Qatar are governed by the provisions of Law No.19 of 2005 Regulating the Practice of Engineering Professions (the “Engineering Law”).
On 20 January 2014, Qatar Law No.2 of 2014 was passed in order to amend certain provisions of the Engineering Law and the same came into force on 16 March 2014. …

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Construction Law, Contract Administration

THE INTERPRETATION OF CONTRACTS UNDER THE UAE CIVIL CODE

by Abobakr Dafalla

When parties have differing views about what their contract means, or what its effect on their legal rights and obligations is, their differences must be settled by the court. The settlement of these differences is to a large extent governed by the proper construction (or interpretation) of the contract. In arriving at its conclusion the court applies relatively well-established principles of interpretation found in Chapter 4 of The Civil Transactions Act (commonly referred to as the Civil Code), under the title “Construction of Contracts”. Generally, no distinction is drawn between the ‘construction’ and ‘interpretation’ of contracts and the two terms are used interchangeably.OBJECTIVE OR SUBJECTIVE METHOD OF CONSTRUCTION

…

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Construction Industry, Construction Law, Construction Technology, Contract Administration, Project Management

Construction Contractors & Engineers in Saudi Arabia: Protect Your Innovation

by Ahmad Saleh & Daniel Goodwin

When a technology is a novel and inventive process, machine or composition (“invention”), contractors and
engineering consultants in the construction industry in Saudi Arabia should ask.
‘Is this invention valuable to my business?’ If the answer is ‘Yes’, then they should consider seeking patent
protection to protect their rights. …

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Construction Law, Contract Administration, Project Management

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] …

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Construction Law, Contract Administration

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. …

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Contract Administration

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. …

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Construction Law, Contract Administration

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. …

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