Archive for the ‘Contract Administration’ Category

How to make the most of FIDIC when working in the Americas?

We all know that each region has its own challenges and unique regulations that need to be followed. Help make sure that you’re doing it right in the Americas by attending FIDIC’s 3rd Americas Contract Users’ conference. (Read more..)

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INSURANCE IN CONSTRUCTION CONTRACTS: A FEW THINGS TO KNOW

There are many risks in any construction project. The majority of these risks are usually assumed (and priced) by the contractor during the construction phase, who typically covers this exposure by taking out various insurance policies.

Insurance in construction contracts can be complicated and the purpose of this article is to provide an overview of some key issues to be aware of in this intricate area. (Read more..)

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The use of experts in construction disputes in the UAE

by Dean O’Leary
Those familiar with construction disputes in the UAE will know that it is not unusual for experts to be involved in the dispute resolution process.
This article seeks to discuss where, when and which types of experts are used in the UAE. The article also touches on some of the criteria a party should consider when looking to retain an expert. (Read more..)

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THE INTERPRETATION OF CONTRACTS UNDER THE UAE CIVIL CODE

by Abobakr Dafalla

When parties have differing views about what their contract means, or what its effect on their legal rights and obligations is, their differences must be settled by the court. The settlement of these differences is to a large extent governed by the proper construction (or interpretation) of the contract. In arriving at its conclusion the court applies relatively well-established principles of interpretation found in Chapter 4 of The Civil Transactions Act (commonly referred to as the Civil Code), under the title “Construction of Contracts”. Generally, no distinction is drawn between the ‘construction’ and ‘interpretation’ of contracts and the two terms are used interchangeably.OBJECTIVE OR SUBJECTIVE METHOD OF CONSTRUCTION

(Read more..)

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Construction Contractors & Engineers in Saudi Arabia: Protect Your Innovation

by Ahmad Saleh & Daniel Goodwin

When a technology is a novel and inventive process, machine or composition (“invention”), contractors and
engineering consultants in the construction industry in Saudi Arabia should ask.
‘Is this invention valuable to my business?’ If the answer is ‘Yes’, then they should consider seeking patent
protection to protect their rights. (Read more..)

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Dealing with Concurrency in Construction Delay Claims

by Dean O’Leary

One of the most problematic issues relating to construction delay claims is that of concurrency. Indeed, concurrency causes problems for many of those involved with construction claims, not only contract administrators (e.g., architects and engineers), but also for claims consultants, experts, lawyers and, apparently, even some members of the judiciary.[1] This article seeks to discuss the issue of concurrency in both an international and regional setting.[2] (Read more..)

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Architect’s duty to act fairly in certification and granting extensions of time

An architect is under a duty to act fairly in certification and the granting of extensions of time. In the present case, the Superintendent had held the dual roles of project architect and Superintendent so that there was a real possibility of conflict. The employer was also under a duty to ensure that she arrived at a reasonable measurement of the value of the work. The court was entitled to open up and review her decisions. (Read more..)

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6 Reasons Why Dubai’s Real Estate is on the boom

By Parag Deulgaonkar

Dubai is experiencing a sound and balanced cyclical economic upswing with the real estate growth not being reminiscent of 2008, according to a Citi report

In mid-2008, the Dubai economy was being increasingly driven by construction activity, with developers building projects based on off-plan sales model, the global bank said in a new report released on Sunday. (Read more..)

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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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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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