Archive for the ‘Contract Administration’ Category

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. (Read more..)

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Advising clients on the appropriate form of contract

In some procurement contexts, the choice of contract may be determined by external factors, such as requirements of the funder. For example the World Bank now require the FIDIC forms of contract to be used on projects of over £6 million, and it appears as if the NEC form may be the preferred choice for the Olympic construction programme. In such cases the form to be used will have been selected before the Architect and other consultants are appointed. (Read more..)

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Avoid subjective terms when signing contracts

by Andrew Gibson

 When I announced at the beginning of this year to colleagues in the UK that I would shortly be relocating to Dubai to specialise in the resolution of construction disputes, most, if not all, imagined the typical contractor/employer type of disputes arising out of defects or delaying events. (Read more..)

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UAE: time for GMP Contacting?

Clients who ask us to help them draft forms of guaranteed maximum price (GMP) contracts, have a variety of reasons for their decision to contract on this basis. Fixed price lump sum contracting, they point out, assumes that the design will be more or less complete at the time the contract is signed. (Read more..)

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Bonded issues

by Dennis Brand

As we saw previously, contractors in the construction industry are commonly required to provide bonds or guarantees as performance security. These should be unconditional, on demand and issued by a bank that is acceptable to the employer. Examples of the types of bonds and guarantees available follows. (Read more..)

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The UAE Civil Code and Claims under the Red Book FIDIC in the UAE

The UAE Civil Code and Claims under the Red Book FIDIC in the UAE
For all its innovation and spectacular achievements, the
construction industry in the UAE has been slow to move on from
its close relationship with the FIDIC Red Book (4th Edition) (the
Red Book). This was, of course, superseded long ago and it is
scarcely used anywhere else in the world, outside of this region. (Read more..)

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Dubai Escrow Law

By Mark Cijo

Dubai, one of the seven emirates that constitute the United Arab Emirates, is one of the hottest real estate markets in the world right now. Lawmakers in Dubai have shown their willingness to help this trend continue with a recent change to Dubai escrow law. (Read more..)

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Safeguarding against employer insolvency

What are the options available and mechanisms that a contractor should have in place to safeguard its interests in the event of its employer becoming insolvent? MARTIN PRESTON* of Norton Rose provides a guideline. (Read more..)

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New engineering

by Dennis Brand

How does the New Engineering Contract (NEC) compare to FIDIC? Dennis Brand examines the uptake of NEC in the region and outlines what you need to know. (Read more..)

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Moving procurement to the next level

by Gordon Moffat

The NEC Engineering and Construction Contract (ECC) – previously the New Engineering Contract – was first introduced in 1993 and the third edition, NEC3, came into operation in 2005. Despite the considerable press coverage it has received in the UK, it is still very new to a lot of contractors and employers. (Read more..)

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