Contract Administration - CMGuide

A long term view for Credit Crunch

A long term view for Credit Crunch
by Omar Al Saadoon
Senior Associate Omar Al Saadoon.Construction & Engineering Practice – Al Tamimi & Company

This article might deter short term speculators or pessimists (so called realists) in reading further and if so no hard feelings. I too have noticed a reduction in crane activity and generally less traffic on the Sheikh Zayed Road. I also understand and appreciate the world we have lived in is rapidly changing and the credit crunch is likely to have a profound impact on global construction industries for the foreseeable future. …

A long term view for Credit CrunchRead More »

Contract Administration

Rights to terminate contracts defined

Due consideration should be given at the time of entering into the contract to the circumstances that will entitle both the contractor and the employer to terminate it and the consequences of doing so, says Adam Webster. Here, he gives an insight into the right to terminate, pointing out that invoking these provisions should always be the last resort. …

Rights to terminate contracts definedRead More »

Contract Administration

How to terminate a contract

16 Comments

by Michelle Nelson
One of the issues coming across our desks more and more is that of termination of a construction contract/ The questions asked are usually: can we terminate this contractor/subcontractor for non-performance? What about termination because we can get a better price elsewhere? Or on the other side of the fence: we were terminated without reason or warning. Can we make a claim? …

How to terminate a contractRead More »

Contract Administration

Protection against contractor insolvency

5 Comments

To safeguard their interests, employers should carefully word their bonds and underlying contracts to ensure that they have the protection they need in the event that the contractor does become or is likely to become insolvent, writes Martin Preston. …

Protection against contractor insolvencyRead More »

Contract Administration

(Force Majeure) Superior force in tough times

4 Comments

Force majeure is a French civil law concept, in English literally meaning “superior force.” In civil-law countries, such as the UAE, force majeure generally operates to excuse a party from the terms of a contract when performance of the contract becomes impossible or oppressive as the result of an event that the parties could not have controlled. …

(Force Majeure) Superior force in tough timesRead More »

Contract Administration

FIDIC 1999 or something else in disguise?

1 Comment

by Michelle Nelson
Contractors already working in or thinking of working in the UAE capital may be aware that the Abu Dhabi government has recently issued new contracts for construction projects being undertaken in the emirate on behalf of public entities. The word on the street is that these contracts are to be welcomed since it is perceived that the Abu Dhabi government has decided to adopt the FIDIC 1999 form of contract. …

FIDIC 1999 or something else in disguise?Read More »

Contract Administration

Contract nominations

by Dennis Brand

As a general principle, a company cannot subcontract any part of their scope of works without the employer’s consent unless the contract expressly states otherwise. …

Contract nominationsRead More »

Contract Administration

Common contractual concerns

Michelle Nelson, partner, Pinsent Masons, says it is worth examining five common traps before plunging into construction in Dubai.

Let’s examine some of the potentially troublesome issues which contractors face regularly in the Dubai construction market. In preparing this article I have highlighted five issues which we are asked to advise contractors on regularly. …

Common contractual concernsRead More »

Construction Law, Contract Administration

Choosing the right weapon

By: Antonios Dimitracopoulos

Arbitration is almost by default the standard dispute resolution mode built into construction contracts. But is it always as efficient and suitable for the purpose it is meant to be? Or is it so only under certain conditions which, if left uncared for, can result in an erosion of what was meant to be an improvement to litigation. …

Choosing the right weaponRead More »

Contract Administration, Procurement Management, Project Management

What should Clients do when dealing with one tenderer only?

By Samer H Skaik

Sometimes, clients face difficulty to procure projects due to absence of competitors. The risk of how to secure value for money is extremely high when dealing with one single contractor to quote and execute the works. This article gives significant guidelines for which client can follow to minimize such risk and achieve value for money:

…

What should Clients do when dealing with one tenderer only?Read More »

Construction Industry, Contract Administration

Building relationships in joint venture projects

3 Comments

by Kristine Kalnina

Kristine Kalnina, Bin Shabib and Associates.Looking at any of the impressive structures shaping Dubai’s skyline, one may see just glass and steel as the main constituent components. But all projects stem from an idea before they become tangible objects and that idea heavily depends on first building successful relationships. …

Building relationships in joint venture projectsRead More »

Construction Law, Contract Administration

Benefiting from a DAB resolution

By Hamish Macdonald

In the first place, DABs are not intended to replace arbitration or litigation but are to be considered as part of a multi-tiered dispute resolution process. The use of a DAB has been described as an early and intermediary step directed at avoiding the need to resort to other more expensive and more time-consuming procedures such as arbitration or litigation. …

Benefiting from a DAB resolutionRead More »