Archive for the ‘Contract Administration’ Category

Hiring a consultant? Check these points

By DAVID JOHNSTON

PROFESSIONAL consultants are engaged on construction projects to provide specialist advice. The type of consultants appointed can range from architects, mechanical and structural engineers and surveyors to specialist consultants in fields such as safety, planning and traffic management.

Yet the terms of the professional appointments under which each tends to be engaged are very similar, with only the services schedules being truly distinct. (Read more..)

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Projects boom will pose challenges

By KATIE LISZKA

Dubai will become the first Middle Eastern city to host the World Expo, when it stages the event in 2020. These international showcases of technology, architecture and culture, which are held every five years, are large public exhibitions that attract millions of visitors.

The event is expected to attract billions of dollars in investment to the UAE. It is projected that the six-month-long exhibition will attract approximately 25 million visitors. The government has budgeted for at least $8 billion worth of new projects for the event, in addition to existing plans for mega projects in the emirate. (Read more..)

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Pitfalls & Tips of Dealing with Subcontract Nomination under FIDIC and UAE Civil Law

AACEI is pleased to announce its next Technical Event on 24th June 2014, Tuesday between 6:30 PM and 8:30 PM

Event Type     :  Technical Presentation
Event Title      :  Pitfalls & Tips of Dealing with Subcontract Nomination under FIDIC and UAE Civil Law (Flyer Attached)
Date & Time   :  24th June 2014, Tuesday – 6:30 PM to 8:30 PM
Venue            :  Hotel Gloria, Opp to Internetcity Metro Station, SZ Road, Dubai (Location Map Attached) (Read more..)

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How best to use FIDIC contracts in Asia-Pacific?

FIDIC’s 6th Asia-Pacific Contract Users’ conference is your annual opportunity for comprehensive best practice advice on selecting and using the range of FIDIC contracts, understanding the implications of the latest contract amendments, ensuring your projects run on time and within budget, resolving disputes and much more… (Read more..)

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Making A Claim Under Sub-Clause 20.1 Of The FIDIC Form

By Jeremy Glover

Cases in the courts involving the FIDIC form of contract are rare, because they tend to include an arbitration clause. However in the case of Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014] EWHC 1028 (TCC) was an exception.

This was a lengthy decision relating to a tunnel under a runway at Gibraltar airport, where Mr Justice Akenhead had to consider whether or not the employer, was entitled to terminate the contract. The contract was the FIDIC Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant, and for Building and Engineering Works, Designed by the contractor, 1st edition, 1999 (better known as the “Yellow Book”). (Read more..)

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Can A Party Be Prevented From Referring A Dispute To Adjudication?

By Shona Frame

FIDIC Conditions require the contractor to give notice of a claim for extension of time (EOT) not later than 28 days after the contractor became aware, or should have become aware, of the event or circumstances giving rise to the claim. The Technology and Construction Court (TCC) in London has recently adopted a relaxed interpretation of this requirement. (Read more..)

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Construction Law: Contracts & Dispute Management

Get the legal, commercial and practical guidance you need to minimise your risks, cut your costs and successfully resolve conflicts by getting advice from 35+ international experts at IBC Legal’s annual conference in London.

And as a reader of CMGuide you can get a 10% saving – quote VIP code FKW82468CMGP (Read more..)

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Breaking up disputes

Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court procedure. It has become increasingly popular in construction contracts as a fast and efficient means of resolving disputes.

Adjudication is now a statutory requirement in Malaysia, and Qatar is considering making it mandatory for its World Cup projects. (Read more..)

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Beware adverse weather conditions

By Suzannah Newboult

Sandstorms and high wind speeds prevent the operation of cranes, extreme temperatures can impact on productively, and even unexpected heavy rainfall can effect site operations in Qatar. But is it the contractor or the client who should suffer the consequences of bad weather? (Read more..)

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Termination For Construction Contracts: UAE Perspective

By Heba Othman
A common scenario: the Employer is not happy with the Contractor’s performance, whether because of failure to perform the works in the manner provided for in the Contract or because of some other breach of the Contract. The Employer picks up the Contract, which – in the UAE – is usually some modified FIDIC standard form, in search of the termination provision. Most such termination provisions require the Employer to send the Contractor a notice to correct the failure or the breach within a specified period. If the Contractor fails to correct the breach, then the Employer becomes entitled to terminate the Contract. The Employer, feeling confident of its legal position, sends the termination notice. The Employer is satisfied that it has correctly terminated the contract. (Read more..)

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