This seminar was part of the Bar Council practical construction law series presented by the Construction Law Committee to practitioners. It covers the topic of payments and common issues arising in the construction industry.
Construction Contracts: Basics of Contracts and Contract AdministrationGerald R. (Jerry) Genge
The CCDC 2 Stipulated Price Contract is the "go to" document for construction contracts. Learn the basic components and roles of eth parties to the contract.
Quantify Construction Damages related to Delay, disruption, and inefficienciesMichael Pink
Learn how to quantify damages related to delay, disruption and inefficiencies on Construction projects. Convert your delays and impacts into cost claims with this proven process.
A thorough analysis of FIDIC and it implication on COnstruction industry explained in this presentation for the beginners. It has been broken down to simplified version
This seminar was part of the Bar Council practical construction law series presented by the Construction Law Committee to practitioners. It covers the topic of payments and common issues arising in the construction industry.
Construction Contracts: Basics of Contracts and Contract AdministrationGerald R. (Jerry) Genge
The CCDC 2 Stipulated Price Contract is the "go to" document for construction contracts. Learn the basic components and roles of eth parties to the contract.
Quantify Construction Damages related to Delay, disruption, and inefficienciesMichael Pink
Learn how to quantify damages related to delay, disruption and inefficiencies on Construction projects. Convert your delays and impacts into cost claims with this proven process.
A thorough analysis of FIDIC and it implication on COnstruction industry explained in this presentation for the beginners. It has been broken down to simplified version
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Performance Security is in the amount as stated in particular conditions of the contract as a guarantee towards performance of the contractor.
•Performance Security is valid and enforceable until the contractor has executed and completed the works, remedied any defects and has become entitled to receive performance certificate after issue of performance certificate by the employer.
•Performance Security is also linked with failure by the contractor to pay the employer an amount due, as either agreed by the contractor or determined under employer’s claim, claims, disputes and arbitration and termination by employer.
Construction Claims generally comes up between two parties of the construction contracts, and there can be several reasons which result in a claim such as a delay in the project, uninformed changes, misinformation, unforeseen circumstances and general conflicts. In UAE, as the constructions are on the rise, so the disputes are. Professional construction claims consultants Dubai offering services protecting the values of both the clients and the contractors.
The Second Edition of the Rainbow Suite is considerably longer, more detailed. The update addresses issues raised by users over the past 18 years and reflects current international best practice. The presentation analysis changes in Yellow & Silver Books as they apply to EPC & PPP Contracts from the perspectives of Public Entities, Contractors and Lenders.
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Performance Security is in the amount as stated in particular conditions of the contract as a guarantee towards performance of the contractor.
•Performance Security is valid and enforceable until the contractor has executed and completed the works, remedied any defects and has become entitled to receive performance certificate after issue of performance certificate by the employer.
•Performance Security is also linked with failure by the contractor to pay the employer an amount due, as either agreed by the contractor or determined under employer’s claim, claims, disputes and arbitration and termination by employer.
Construction Claims generally comes up between two parties of the construction contracts, and there can be several reasons which result in a claim such as a delay in the project, uninformed changes, misinformation, unforeseen circumstances and general conflicts. In UAE, as the constructions are on the rise, so the disputes are. Professional construction claims consultants Dubai offering services protecting the values of both the clients and the contractors.
The Second Edition of the Rainbow Suite is considerably longer, more detailed. The update addresses issues raised by users over the past 18 years and reflects current international best practice. The presentation analysis changes in Yellow & Silver Books as they apply to EPC & PPP Contracts from the perspectives of Public Entities, Contractors and Lenders.
SWOT ANALYSIS OF ARBITRATION AWARDS IN INDIAN CONSTRUCTION CONTRACTSIAEME Publication
Contract forms, terms, specification, analysis of rate and conditions of contract
are being followed by various governments departments in the field of civil
construction are not uniform. Against the backdrop of India’s burgeoning macroeconomic prospects, the weaknesses of the construction industry create challenges,
particularly with respect to settlement of disputes between the owner and contractor
that it will have to overcome. Arbitration awards have been studied and based upon
their analyses a series of survey questionnaire have been developed. The responses to
the above along with the gist of focused discussions and interviews with domain
experts forms the basis for SWOT analyses of arbitration awards.
Construction Contracts Management based on UK common law using more than 40 cases of law with references from the UK, USA regulations, and international rules plus some examples from standard forms of construction contracts such as JCT, NEC & FIDIC.
Impact of digital disruptions on business contractsMohib Khurram
This research essay details the effects that a disruptive technology like smart contracts cloud computing might have on the businesses such as medical, construction or aerospace. Further, the types and impacts of such technology in our daily life is detailed. The essay is divided into four parts. The first part describes the purpose of the essay in detail and sets out the layout of the essay. The second part describes the technology which is disruptive in detail and provides the background and history of the same and describes how cloud computing and smart contracts have evolved and the how these items work in regular life. The third part describes the different of contracts that might occur. The fourth part describes the impact that the disruptive technology of cloud computing and smart contracts has on the businesses worldwide. This is followed by a conclusion which summarizes the arguments put forth within the essay.
Impact of digital disruptions on business contractsAssignment Studio
This research essay details the effects that a disruptive technology like smart contracts cloud computing might have on the businesses such as medical, construction or aerospace. Further, the types and impacts of such technology in our daily life is detailed.The essay is divided into four parts. The first part describes the purpose of the essay in detail and sets out the layout of the essay. The second part describes the technology which is disruptive in detail and provides the background and history of the same and describes how cloud computing and smart contracts have evolved and the how these items work in regular life. The third part describes the different of contracts that might occur. The fourth part describes the impact that the disruptive technology of cloud computing and smart contracts has on the businesses worldwide. This is followed by a conclusion whichsummarises the arguments put forth within the essay.
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
The author is Sarah Fox 500 Words Ltd and you can get regular tips for construction contracts to help you avoid disputes and the need for dispute resolution methods in her fortnightly tips sheet http://just500words.co.uk/signup.
Disputes in management and execution of contracts contribute to huge losses upsetting the time schedule. Law professionals can be suitably engaged to eliminate scope for disputes and for efficient operation of contracts.
CONSTRUCTION DISPUTES IN CONSTRUCTION WORK SITES AND THEIR PROBABLE SOLUTIONSIAEME Publication
All over the world the developing and developed nations are spending billions of
dollars each year to improve their existing infrastructure in order to bring it to next
level. Construction projects are generally considered as the back bones of each nation
be it any format. So when we talk about construction then it’s not alone generally it
involves different sectors such as electrical, mechanical and off course the civil sector
in order to work together as a single unit under one firm or organization. Here work is
divided into different small segments due to which different parties gets involved. The
construction projects requires highly specified designs , specifications and plans with
full detail not leaving a single scope of error. So being lengthy and complicated process
it undergoes through various phase which involves a hindrance popularly known as
disputes. It is nothing but a stage where contractor and client have different view or
prospective on any matter which needs to be sorted as soon as possible so as to maintain
smooth flow of work. So whenever there arise dispute it is followed by claims raised by
one or the other party which needs to be sorted out.
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Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
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Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
1. Engineering and Construction
Law and Contracts
Chapter 18 Contract Dispute Resolution
Techniques
Associate Professor
Dr. Rafiq Muhammad Choudhry
BSc(Civil-Honor), MSc(CEM), PhD(MSE), Post-Doctorate (CEM), MIE(Pak), PE
Email: rafiq.choudhry-scee@nust.edu.pk / choudhry03@gmail.com
Head, Department of Construction Engineering and Management-NIT
School of Civil and Environmental Engineering (SCEE)
National University of Sciences and Technology (NUST)
Sector H-12, Islamabad
2. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
The traditional dispute resolution process with
alternative dispute resolution techniques added to it
is shown below
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 2
3. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Contract Claims
Occur at any stage in the execution of
construction contracts
Typical causes of claims
Differing site conditions
Delays
Design errors or changes
Interpretation differences
Acceleration or suspension of work
Construction failures
Additional work
Deleted work
If differences are not settled one of the parties files a
change order or a claim
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 3
4. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Information and Communication
Technology (ICT) and the Electronic
Marketplace
Complicates dispute resolution process due to
the technologies not having been addressed yet
by the legal system and contractual practices
Three legal ICT issues:
1) admissibility of emails in court
proceedings
2) electronic signatures in global and
national commerce act
3) the Elegal European commission research
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 4
5. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Building Information Modeling
Provides capability of creating three
dimensional models and four dimensional
schedules
Allows for quantity take offs to be completed by
the program
Allows for integrated project delivery using
collaborative agreements such as
concensusdocs
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 5
6. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Contract Negotiations
Requires both parties to compromise to settle a
claim
In construction 90% to 95% of construction claims
are settled through negotiations (right up to court
dates)
Negotiators try to persuade opposing parties to
relinquish one or several claims if awarded another
large claim
Requires bargaining with opposing party
Saves time and money if claims are settled using
negotiations
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 6
7. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Negotiators - Traits Required
Preparation and planning skill
Knowledge of subject matter
Ability to understand the true interests of the
firm
Ability to think clearly and rapidly under
pressure
Ability to express thoughts verbally
Good listening skills
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 7
8. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Negotiators - Traits Required:
Patience
Ability to persuade others
Ability to understand others
Ability to control emotions
Ability to maintain flexibility
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 8
9. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Contract Mediation
Inserts a neutral third party into the negotiating
process to help reach a settlement
Used to help control losses and damages
Preserve relationships, clarify issues, and secure
agreements
Used to augment negotiations
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 9
10. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Arbitration
Either binding or nonbinding
If nonbinding either party could sue if not
satisfied with the results of arbitration
Federal arbitration act applies in contracts for
interstate commerce
American arbitration association provides
guidelines (see Appendix J)
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 10
11. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Arbitration
Neutral third party or several people are hired to
evaluate evidence, listen to arguments of both
parties, and provide a decision and settlement
award
Arbitrators are from the American arbitration
association or state or local arbitration
associations
Arbitrator may not have any type of affiliation
with the owner or the contractor
Parties to arbitration provide arbitrator with
construction contract, drawings, and other
documents
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 11
12. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Advantages of Arbitration:
Less time than litigation
Less expensive than litigation
Lawyers not required
Private proceedings - helps preserve
reputations
Location, time, and arbitrators all selected by
disputing parties not the court system
Rules of evidence do not apply
Do not follow precedent law
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 12
13. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Advantages of Arbitration:
At the conclusion of the arbitration proceedings
the decision has to be made in thirty days (4
months)
No punitive damages
If award is not paid the party files a petition with
the courts
If no response to the petition within ten days it
becomes a judgment
Sureties are not bound by arbitration awards
Have to file a separate lawsuit against the surety
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 13
14. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Litigation
One party sues another in the court system
Reasons not to use litigation
The results of lawsuits become part of the public record, which
could be viewed by anyone, and this could be damaging to the
reputation of a firm or produce unwanted publicity in
newspapers, on television, or on the internet.
The cost of litigation could be prohibitive since there are filing
fees, court costs, and legal fees.
Lawsuits could take years before they reach the court docket.
Lawsuits are tried in courtrooms where it is difficult to
demonstrate engineering or construction concepts without
being able to see the actual items being described in court
cases.
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 14
15. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Litigation
Reasons not to use litigation:
Court proceedings require that cases follow rules of evidence
where items may only be introduced as evidence if they are
first introduced during the testimony of witnesses.
Cases are argued based on precedent law and this requires
the investigation of previous legal cases in order to locate
similar cases that could be used to argue the merits of the
current case and this requires that cases focus on legal not
technical issues.
The decisions rendered by the court could be appealed if one
of the parties is able to prove that the trial was not conducted
properly.
Disputants risk settlements that might include damages in
addition to actual losses.
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 15
16. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Dispute Review Boards
Board members are hired at the beginning of
projects
Could be resident at construction job sites
Hold weekly meetings to settle claims
Construction dispute review manual explains
DRB process
Used on government public works projects
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 16
17. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Alternative Dispute Resolution Techniques:
Mediation/arbitration - mediator switches role to
be arbitrator if no agreement is reached during
mediation
Early neutral evaluation - mediator provides an
evaluation on the merits of the case to each party
Minitrials - actual proceedings presented to
company executives with authority to authorize
settlements
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 17
18. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Alternative Dispute Resolution Techniques:
Rent a judge - hire a lawyer or former judge to
arbitrate a case
Court annexed arbitration – Dispute resolution
procedure that is available within the court
system. both sides present case to lawyers, the
decision is not binding, and the case could still be
heard in court. If both parties have not waived the
appeal process.
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 18
19. CHAPTER EIGHTEEN - CONTRACT DISPUTE
RESOLUTION TECHNIQUES
Alternative Dispute Resolution Techniques:
Summary jury trial –are used while disputants are
waiting for their case to be tried in the court
system; they are considered to be Mock trails.
Trial presented to a jury before the real trial and
the results are presented to the judge who
presides over negotiations in his or her chambers
Both parties know how the case might be settled
by a jury and this knowledge is used by the judge
to influence the disputants to settle the case
during negotiations.
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 19
20. Thank You
Dr. Rafiq Muhammad Choudhry
Associate Professor and Head, Department of Construction Engineering and Management 20