Cultural and Political Issues in the Middle East
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The document discusses some of the cultural and political issues that must be considered for energy and infrastructure projects in the Middle East. Local sponsors may be bound by local laws and public policy requirements under Shari'ah law. Local content requirements may necessitate partnerships with local contractors, who have differing business practices and cultural norms. Contracts must account for local religious festivals and holidays. Splitting contracts requires careful structuring to ensure compliance with local laws. Managing claims and contractual security also requires understanding local evidentiary rules and enforcement of arbitral awards.
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RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
Variations and their Consequences - Olswang Construction Law Masterclass - 5 ...
This document summarizes key aspects of variations in construction contracts, including:
1) What constitutes a variation based on standard contract definitions.
2) Why variation clauses are included in contracts to allow flexibility for changes.
3) Procedures for instructing, valuing, and agreeing to variations.
4) Issues that can arise regarding scope, instructions, notice periods and whether a variation has actually occurred.
5) The impact of anti-oral variation clauses and agency on how variations are authorized.
6) Special considerations for omitting contracted work versus instructing additions.
Construction Insolvency
The document discusses construction insolvencies in the UK construction industry. It notes that the construction sector experiences the most insolvencies, accounting for about a quarter of all UK insolvencies. In the first quarter of 2016, construction industry output decreased by 1.1% compared to the previous quarter. The document also discusses how "Brexit" could impact construction companies through potential loss of EU labor and funding. It outlines some factors that make construction companies prone to insolvency, such as cash flow issues, disputes, and lack of credit. Finally, it provides tips for mitigating insolvency risks through due diligence, documentation, and actions to take if insolvency occurs.
The Management of Complex Contracts
The document summarizes a presentation on managing complex construction projects. It discusses the definition of complex projects as those that are high value, major real estate developments, or engineering/infrastructure projects. It outlines the Chartered Institute of Building's Complex Projects Contract 2013 (CPC 2013), which provides contract terms and conditions for managing complex projects. The CPC 2013 introduces new roles like Project Time Manager and adds provisions for transparency, collaboration, electronic data transfer, and BIM use. Finally, the presentation provides resources for further information on the CPC 2013 and notes that construction knowledge, risk management, and critical path analysis are still essential for complex project management.
Using Two-Stage Tendering Effectively
Two stage tendering is commonly used for large or complex projects where it is difficult to get accurate bids from contractors based on incomplete designs. It involves contractors submitting initial bids based on limited information, with one contractor then selected to work with the client during the pre-construction stage to develop a fixed price bid. This allows for early contractor input to improve design and feasibility, while giving the client greater cost certainty. However, it also carries risks of compromising the client's negotiating position or damaged relations if not handled properly. The document provides tips for clients on maintaining control during both stages.
Managing the Risks of Delay in Construction Projects
Delay is a common risk in construction projects with multiple potential causes. Proper notice provisions and documentation are essential to support any delay claims between the employer and contractor. Liquidated damages, termination, and instructions to accelerate works are some of the remedies available to employers for contractor delay, but contractors may challenge these and claim their own remedies for employer-caused delays.
It Pays to Be Right: Payment in Construction Contracts
This document summarizes key principles regarding payment in construction contracts under the Housing Grants, Construction and Regeneration Act 1996 in the UK. It discusses mandatory payment provisions, including requirements for adequate payment mechanisms and notices. It notes that failing to serve valid pay less notices can result in having to pay the notified sum. It also discusses issues like overpayment, making valid interim payment applications, and the need for employers to strictly follow notice requirements in order to later challenge payment amounts.
Adjudication: Tips, Traps and Tactics
The document provides an overview of adjudication procedures in the UK construction industry. It discusses:
- The basics of adjudication, including its compulsory nature, binding interim decisions, and typical process.
- How to effectively "spring ambushes" in adjudication, such as by including all necessary evidence and considering timing carefully. It also discusses how to prevent being ambushed through contract drafting and monitoring for warning signs.
- Key considerations regarding the adjudicator, including expertise, conflicts, and fees. It emphasizes the importance of accurately describing the dispute in the notice of adjudication.
- Challenging the adjudicator's jurisdiction, reserving positions, and identifying and correcting errors in the adjud
Contractual Options for Procuring Major Projects in the UK
This document discusses contractual options for procuring major construction projects in the UK. It outlines several methods used to fund projects, including project finance, equity, sovereign wealth funds, and forward funding. It also discusses framework agreements and two-stage tendering processes. Framework agreements involve establishing umbrella agreements with terms for future works, while two-stage tendering selects a preferred contractor who then works on pre-construction services before providing a final fixed price. The document advises being flexible on projects and considering these procurement strategies in an overheated construction market.
Introductory Note on International Construction Contracts
Olswang LLP is a limited liability partnership in England and Wales that is authorized and regulated by the Solicitors Regulation Authority. The document discusses several key points regarding international construction contracts: (1) common standard form contracts used internationally include FIDIC, ICE, IChemE, CIOB, and NEC contracts; (2) while UK forms can be adapted, it is not recommended as they are too locally specific and international contractors prefer standard international forms; (3) the various FIDIC contracts - Red, Yellow, Silver, Pink, Gold, Blue, White, and subcontract - are introduced along with their key purposes and differences.
Works Insurance and Latent Defects Insurance
The document discusses various types of insurance related to construction projects, including all risks insurance, latent defects insurance, and options for insuring works under JCT contracts. All risks insurance covers physical damage to works and materials, and is often maintained by the contractor. Latent defects insurance provides protection for inherent defects discovered after practical completion up to a specified threshold. While it has advantages over collateral warranties like being freely assignable, there are also gaps in protection if no warranty package is also in place. The document also notes potential issues with Option C of insuring works under JCT contracts and ways to address them.
Third Party Rights and Why They Matter
Third party rights allow non-parties to a contract to enforce certain terms of that contract. They provide an alternative to collateral warranties in construction contracts. Uptake of third party rights has been slow due to familiarity with collateral warranties and concerns over control. However, recent cases indicate third party rights may avoid issues like adjudication that can arise with collateral warranties. Effective drafting and clarity around beneficiaries and their obligations can maximize the benefits of third party rights.
A Practical Guide to the Construction (Design and Management) Regulations 2015
The Construction (Design and Management) Regulations 2015 came into effect in April 2015 and introduced several significant changes from the 2007 regulations. Key changes include:
- Replacing the CDM Coordinator role with a new 'Principal Designer' role to have more influence over design.
- Requiring written construction phase plans for all projects, not just notifiable ones.
- Applying the regulations to domestic clients who can delegate duties to contractors.
- Introducing transitional provisions for projects that began before April 2015.
- Awaiting new, shorter guidance from the HSE to replace the abolished Approved Code of Practice.
Construction Dispute Resolution and Avoidance in a Boom Market
This document discusses construction dispute resolution and avoidance in a booming construction market. It summarizes various dispute resolution methods including (1) adjudication which provides quick, binding interim decisions but may be less suited to complex cases; (2) court proceedings through the specialist Technology and Construction Court which are suited to complex cases but slow and expensive; (3) arbitration which is confidential but can be slow to start; and (4) alternative dispute resolution methods like mediation and dispute boards. It stresses that dispute avoidance through careful contract drafting and project management is the cheapest option.
Letters of Intent
This document discusses types of letters of intent (LOIs) and provides tips for drafting binding LOIs for construction projects. It outlines four types of LOIs from non-binding to fully binding. It advises including key details in binding LOIs like scope, payment terms, standards, and timelines. It also recommends stating what happens if the final contract is not signed and having both parties execute the LOI for it to be binding. The document cautions against treating an LOI as a full contract and delaying the final contract. It also notes the primary standard form used is the City of London Law Society's but it can be awkward and out of date.
Collateral Warranties and Third Party Rights
An introductory level talk on collateral warranties and third party rights under the Contracts (Rights of Third Parties) Act 1999
Early Dispute Resolution in the Construction Industry
The document discusses various alternative dispute resolution (ADR) methods for resolving construction disputes more efficiently than litigation. It describes problem-solving hierarchies, expert determination, dispute boards, and highlights advantages and disadvantages of each method. Problem-solving hierarchies allow issues to be referred to increasingly senior individuals until resolved, while expert determination and dispute boards utilize neutral experts to resolve technical or specialized issues more quickly than courts. However, no single ADR method is suitable for every dispute type.
Terminating a Construction Contract: Getting it Right
The document discusses terminating construction contracts, including:
- The different types of termination under common law and standard form building contracts like the JCT SBC 2011.
- The JCT SBC 2011 outlines specific grounds and procedures for termination if the contractor suspends work, fails to proceed regularly, or becomes insolvent.
- Wrongful termination is a repudiatory breach that entitles the innocent party to damages but not contract reinstatement.
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City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...
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City of London Law Society - Construction Law Committee - Response to Retenti...
Variations and their Consequences - Olswang Construction Law Masterclass - 5 ...
Variations and their Consequences - Olswang Construction Law Masterclass - 5 ...
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Managing the Risks of Delay in Construction Projects
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It Pays to Be Right: Payment in Construction Contracts
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Contractual Options for Procuring Major Projects in the UK
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A Practical Guide to the Construction (Design and Management) Regulations 2015
A Practical Guide to the Construction (Design and Management) Regulations 2015
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Looking for a new home in Istanbul? Look no further than Avrupa Konutlari Esentepe! Our beautifully designed homes provide the perfect blend of luxury and comfort, making them the perfect choice for anyone looking for a high-quality home in the city.
With a wide range of apartment types available, from 1+1 to 4+1, we have something to suit every need and budget. Each apartment is designed with attention to detail and features spacious and bright living areas, making them the perfect place to relax and unwind after a long day.
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Listing Turkey - Yeni Eyupevleri Istanbul
Discover Yeni Eyup Evleri 2, nestled among the rising values of Eyupsultan, offering the epitome of modern living in Istanbul.
With its spacious living areas, contemporary architecture, and meticulous details, Yeni Eyup Evleri 2 is poised to be the star of your happiest moments. Situated in the new favorite district of Eyupsultan, claim your spot and unlock the doors to a peaceful life alongside your loved ones. Nestled next to the historical and natural beauties of Eyupsultan, embrace the comfort of modern living and rediscover life.
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Reliable Structure:
With 1+1, 2+1, and 3+1 apartment options, Yeni Eyup Evleri 2 is designed with first-class materials and craftsmanship. The doors to a safe and comfortable life are here! Choose the option that suits you best and step into your dream home.
Project:
Yeni Eyup 2 is conveniently located, with Istanbul Airport just 26 minutes away, the Mecidiyeköy Metro Line 4 minutes away, and the Tram Stop 5 minutes away, making your life easier with its central location.
Location:
Your home is positioned in a privileged location, providing easy access to the city center, shopping malls, restaurants, schools, and other important places.
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5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
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If you're Planning to Build a House in Haldwani, Understanding the House Construction Cost in Haldwani is crucial. It's important to grasp the direct and indirect cost factors entailed in the Construction process before Initiating any work. This Understanding is pivotal for Efficient Budget allocation, allowing you to plan your finances more Effectively. Construction expenses can vary Significantly, Influenced by Diverse Elements such as site Location, raw material prices, Labour charges, and various other variables. Here at Geomatrix, we pride Ourselves on offering competitive rates for house construction in Haldwani, ensuring affordability without Compromising on quality and providing the best options within your budget. For a precise evaluation of the cost involved in constructing your dream home, consult our team of architects and construction experts.
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Cultural and Political Issues in the Middle East
- 1. Cultural and Political Issues in the Middle East Francis Ho, Senior Associate Energy & Infrastructure Projects in the Middle East e-mail: fho@kslaw.com Hilton Abu Dhabi, UAE Phone: +971 2 652 3426 18 February 2010 Mobile: +971 50 557 0446
- 2. Local Sponsors • May be bound by local laws regarding jurisdiction and dispute resolution forum (e.g. Board of Grievances in Saudi Arabia) • Public policy requirements – Prohibition of speculation – Prohibition of gambling – Other forbidden practices under Shari’ah law • May be influenced by politics - e.g. embargo on use of Israeli goods and services
- 3. Local Contractors • Local content requirement may necessitate joint ventures with local parties – Advantages and disadvantages – Risk of lack of expertise – Cultural incompatibility - differing localised business practices • Appropriate security for performance required • Consider religious festivals and holidays: – Eid al-Fitr – Eid al-Adha – Ramadan – Summertime working hours
- 4. Split EPC Contracts • Splitting EPC contract into on and off shore works can have tax advantages • Where there is a split EPC developer/ owner will generally request “wrap” or “bridging” agreement which: – takes precedence over split contracts – provides for joint and several liability of on and off shore contractors – contains liquidated damages provision for the late performance of entire EPC works – contains overriding dispute resolution clause • Imperative for parties to obtain local law advice to ensure contract structure is compliant with local laws
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