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

By DAVID JOHNSTON

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

By KATIE LISZKA

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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How best to use FIDIC contracts in Asia-Pacific?

FIDIC’s 6th Asia-Pacific Contract Users’ conference is your annual opportunity for comprehensive best practice advice on selecting and using the range of FIDIC contracts, understanding the implications of the latest contract amendments, ensuring your projects run on time and within budget, resolving disputes and much more… [Read more…]

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Making A Claim Under Sub-Clause 20.1 Of The FIDIC Form

By Jeremy Glover

Cases in the courts involving the FIDIC form of contract are rare, because they tend to include an arbitration clause. However in the case of Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014] EWHC 1028 (TCC) was an exception.

This was a lengthy decision relating to a tunnel under a runway at Gibraltar airport, where Mr Justice Akenhead had to consider whether or not the employer, was entitled to terminate the contract. The contract was the FIDIC Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant, and for Building and Engineering Works, Designed by the contractor, 1st edition, 1999 (better known as the “Yellow Book”). [Read more…]

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Can A Party Be Prevented From Referring A Dispute To Adjudication?

By Shona Frame

FIDIC Conditions require the contractor to give notice of a claim for extension of time (EOT) not later than 28 days after the contractor became aware, or should have become aware, of the event or circumstances giving rise to the claim. The Technology and Construction Court (TCC) in London has recently adopted a relaxed interpretation of this requirement. [Read more…]

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