Archive for the ‘Contract Administration’ Category

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. (Read more..)

Leave a Comment |

How to terminate a contract

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? (Read more..)

Comments (16) |

Protection against contractor insolvency

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. (Read more..)

Comments (5) |

(Force Majeure) Superior force in tough times

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. (Read more..)

Comments (4) |

FIDIC 1999 or something else in disguise?

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. (Read more..)

Comments (1) |

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. (Read more..)

Leave a Comment |

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. (Read more..)

Leave a Comment |

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. (Read more..)

Leave a Comment |

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:

(

Leave a Comment |

Building relationships in joint venture projects

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. (Read more..)

Comments (3) |