Archive for the ‘Contract Administration’ Category

The disappearance of the impartial engineer

by Chau Ee Lee, international construction lawyer of Reed Smith, discusses fundamental changes to the engineer’s role in standard contracts.
 
The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, one of FIDIC’s “new” 1999 suite of standard form contracts, sometimes known as the New Red Book, is used regularly in this region. (Read more..)

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Breaking up is never easy

by Paul Taylor
 
Construction and engineering contracts, whether they be one of the industry’s standard forms or bespoke contracts created and tailored for an individual client’s needs, invariably contain rights and remedies relating to termination of the contract agreement. (Read more..)

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Common contractual concerns

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

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A new era for risk allocation

by Brian Allan
 
In our analysis of the new Abu Dhabi public contracts, Brian Allan, a director with Hill International’s Middle East Claims Group, explores the risk in the new forms.

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FIDIC and the issues that arise from use

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Cost-plus contract

A cost-plus contract, more accurately termed a Cost Reimbursement Contract, is a contract framed in such a way that when the contractor finishes the agreed-upon work, they receive compensation equal to their expenses plus a profit. Cost reimbursement contracts contrast with fixed-price contract, in which the contractor is paid a negotiated amount regardless of incurred expenses. (Read more..)

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Contracts must be fair to all if prices rise far beyond reason

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Constructing what the client wants

Nick Carnell, lead partner at Kennedys, discusses how successful ‘design and build’ is down to understanding what the clients wants.

Paul Taylor’s article published on 8 March on design and build contracts reminded me of some of my own experiences of projects procured in this way. Paul quite rightly pointed out that for design and build to work there needs to be changes in both the mindset and philosophy from projects procured in the traditional manner. (Read more..)

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Two articles about delay analysis techniques

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To accelerate or not? That is the contractor’s question

by Michelle Nelson-Construction Week

The issue of whether delay to a project can be reduced or even eliminated altogether by taking accelerative measures and if so, who should bear the cost, is becoming more common here in Dubai. In this article, I will consider the question of acceleration and liability for acceleration costs from a contractual and legal perspective. (Read more..)

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