Gary Lewis's presentation on Guiding principles of CDM 2007 and its application to Joint Ventures in the Wind Energy Sector - exclusively presented to ARMSA Wind Energy clients on Breakfast Seminar on 30 October 2013 and now available to public.
Good contracts will take into account CDM 2007 arrangements. Learn from these practical examples when drafting your contracts - presentation by Julian Scott of Squire Sanders exclusively for ARMSA Consulting wind energy clients.
Seb Oram - The 2015 CDM Regulations - changes and impact on litigationSeb Oram
The document summarizes changes to the Construction (Design and Management) Regulations 2015 (CDM 2015) in the UK, which replaced the 2007 regulations. Key changes include: (1) removing the role of the CDM coordinator and distributing responsibilities to the principal designer and contractor; (2) extending client duties to domestic clients; and (3) reducing the importance of distinguishing between "notifiable" and non-notifiable projects. The new regulations shift focus from prescriptive roles to more general duties of clients, designers, and contractors. They are likely to affect construction litigation by influencing the standard of care and contractual obligations.
This document discusses two clauses from a construction contract: Clause 51.0 on events and consequences of default by the contractor, and Clause 53.0 on termination due to corruption, unlawful or illegal activities. Clause 51.0 states that if a contractor fails to follow the contract, the government can terminate the contract by written notice, the contractor must clear the site, and the government will find a new contractor while the original contractor pays damages. Clause 53.0 allows termination for corruption and requires the same obligations, with the government also entitled to losses from termination. The purpose is to understand contractor and government obligations and prevent disputes under these clauses.
A presentation from on of WSPS\\\\’s regional conferences in Sault Ste. Marie. Co-Written and Co-Presented along with Steve Taylor from Great Lakes Power. Not exhaustive by any means, this presentation gives a high-level view of what to look for when establishing relationships with contractor at your workplace.
This document discusses construction delays and extensions of time under standard construction contracts. It defines different categories of delays including those caused by the contractor, employer, and third parties. For contractor-caused delays, the contractor is not entitled to an extension of time or reimbursement for losses. For employer-caused delays, the contractor can claim an extension of time and reimbursement for losses. The document outlines the procedure for applying for an extension of time and the principles for granting one. It also discusses implications of granting or not granting extensions of time, such as liquidated damages and time becoming at large.
This document compares and contrasts the FIDIC Yellow Book and Silver Book construction contracts. The Yellow Book is a design-build contract that allocates risks based on insurability and the ability to foresee and mitigate issues. The Silver Book is a fixed-price, date-certain, lump-sum turn-key contract that shifts more risks to the contractor, such as design and execution risks. Under the Silver Book, the contractor bears more risks with limited ability to claim additional time or money. As a result, the contractor will price these risks, increasing the initial contract sum, and conduct extensive due diligence. The employer needs to consider payment terms, security, liquidated damages, testing and defects liability, insurance provisions, and
FIDIC Lecture - Joint operation of multiple Fidic Forms - A Case StudyKhalil Hasan
The document describes a case study involving the joint administration of two FIDIC contracts - a Red Book contract for civil works and a Yellow Book contract for electrical and mechanical works - on a hydropower project. The E&M contractor fell behind schedule, impacting the civil works contractor (CIV). To recover the delay, the Engineer had CIV construct some temporary works to help E&M, then sought reimbursement from E&M for CIV's costs following the proper procedures in both contracts. This involved issuing notices, submitting claims and counterclaims, and making determinations, while ensuring all actions complied with the relevant clauses in the Red and Yellow Books.
Good contracts will take into account CDM 2007 arrangements. Learn from these practical examples when drafting your contracts - presentation by Julian Scott of Squire Sanders exclusively for ARMSA Consulting wind energy clients.
Seb Oram - The 2015 CDM Regulations - changes and impact on litigationSeb Oram
The document summarizes changes to the Construction (Design and Management) Regulations 2015 (CDM 2015) in the UK, which replaced the 2007 regulations. Key changes include: (1) removing the role of the CDM coordinator and distributing responsibilities to the principal designer and contractor; (2) extending client duties to domestic clients; and (3) reducing the importance of distinguishing between "notifiable" and non-notifiable projects. The new regulations shift focus from prescriptive roles to more general duties of clients, designers, and contractors. They are likely to affect construction litigation by influencing the standard of care and contractual obligations.
This document discusses two clauses from a construction contract: Clause 51.0 on events and consequences of default by the contractor, and Clause 53.0 on termination due to corruption, unlawful or illegal activities. Clause 51.0 states that if a contractor fails to follow the contract, the government can terminate the contract by written notice, the contractor must clear the site, and the government will find a new contractor while the original contractor pays damages. Clause 53.0 allows termination for corruption and requires the same obligations, with the government also entitled to losses from termination. The purpose is to understand contractor and government obligations and prevent disputes under these clauses.
A presentation from on of WSPS\\\\’s regional conferences in Sault Ste. Marie. Co-Written and Co-Presented along with Steve Taylor from Great Lakes Power. Not exhaustive by any means, this presentation gives a high-level view of what to look for when establishing relationships with contractor at your workplace.
This document discusses construction delays and extensions of time under standard construction contracts. It defines different categories of delays including those caused by the contractor, employer, and third parties. For contractor-caused delays, the contractor is not entitled to an extension of time or reimbursement for losses. For employer-caused delays, the contractor can claim an extension of time and reimbursement for losses. The document outlines the procedure for applying for an extension of time and the principles for granting one. It also discusses implications of granting or not granting extensions of time, such as liquidated damages and time becoming at large.
This document compares and contrasts the FIDIC Yellow Book and Silver Book construction contracts. The Yellow Book is a design-build contract that allocates risks based on insurability and the ability to foresee and mitigate issues. The Silver Book is a fixed-price, date-certain, lump-sum turn-key contract that shifts more risks to the contractor, such as design and execution risks. Under the Silver Book, the contractor bears more risks with limited ability to claim additional time or money. As a result, the contractor will price these risks, increasing the initial contract sum, and conduct extensive due diligence. The employer needs to consider payment terms, security, liquidated damages, testing and defects liability, insurance provisions, and
FIDIC Lecture - Joint operation of multiple Fidic Forms - A Case StudyKhalil Hasan
The document describes a case study involving the joint administration of two FIDIC contracts - a Red Book contract for civil works and a Yellow Book contract for electrical and mechanical works - on a hydropower project. The E&M contractor fell behind schedule, impacting the civil works contractor (CIV). To recover the delay, the Engineer had CIV construct some temporary works to help E&M, then sought reimbursement from E&M for CIV's costs following the proper procedures in both contracts. This involved issuing notices, submitting claims and counterclaims, and making determinations, while ensuring all actions complied with the relevant clauses in the Red and Yellow Books.
This document provides a presentation on design and build contracts under FIDIC contracts. It discusses what FIDIC is, its origins and vision. It then discusses design and build procurement, highlighting advantages like price certainty and single point responsibility, as well as disadvantages like reduced employer control. It outlines the roles of different parties in traditional vs design and build arrangements. It also summarizes key clauses and details in FIDIC's Orange Book and Yellow Book for design and build and turnkey contracts. Sample questions and answers are provided to illustrate how situations would be addressed under the FIDIC contracts.
A review of the concept of extension of time for construction contracts, including why it is beneficial for employers to grant extensions. Includes a look at alternatives to extension, by way of acceleration of works.
- Advance payments are made to contractors before work is completed to help cover startup costs. They include mobilization advances for materials, plants, and machinery.
- Risks are involved, so measures like guarantees are taken. Advances must be used for the work and recovered early.
- Mobilization advances may be given in installments before work starts against guarantees. Plant advances require verification and hypothecation to the employer.
- Secured advances are given for materials brought on site. Interim bills are considered advances against work done to be adjusted from later bills.
The document provides an overview of construction contract laws in Ethiopia. It discusses key definitions related to contracts, requirements for valid contracts, and types of contracts. It also summarizes the three main sources of contract law for construction projects in Ethiopia: 1) the Law of Administrative Contract in the Civil Code of Ethiopia, 2) the MoWUD Standard Conditions of Contract, and 3) the PPA Conditions of Contract used for public procurement projects. For each, it highlights important elements such as definitions, roles of parties, general framework and clauses.
The document provides an overview of changes to FIDIC contracts, specifically the 2017 editions of the Yellow, Silver, and Red Books (the "Rainbow Suite"). Key changes include an increased emphasis on dispute avoidance through enhanced project management procedures and the establishment of standing Dispute Avoidance/Adjudication Boards. The role of the Engineer is revised to act neutrally rather than for the Employer. Additional changes aim to improve processes for extensions of time, variations, payments, and claims handling.
This document discusses time-bar clauses in standard construction contracts. It begins with an introduction that defines time-bar clauses and notes their increasing use. It then outlines the purposes of time-bar clauses such as alerting employers to claims and allowing for timely evaluation. The document reviews general legal principles around time-bar clauses from relevant case law. It examines the effectiveness of time-bar clauses in contracts like FIDIC and discusses requirements for notices of claims and record keeping. The role of the quantity surveyor is also mentioned.
This document discusses various topics related to labour law in India including contracts of service, contracts for service, the Standing Orders Act, and the Contract Labour Act. It provides definitions for key terms, outlines tests to distinguish between contracts of service and contracts for service, explains the sources of employment terms and conditions, and summarizes the purpose, provisions and applicability of the Standing Orders Act and Contract Labour Act.
Nuts and bolts of builders liens (Independent Contractors and Businesses Asso...SHKLaw
This document provides an overview of builders liens in British Columbia. It defines what a builders lien is and explains that it creates a registered claim for payment of services or materials supplied for improvements to lands. It also outlines who can file a builders lien, the timeframe to file, what constitutes substantial completion of a project, how to enforce a lien through a lawsuit, and an owner's options to discharge a lien through posting security or paying the lienholder. The document discusses holdback amounts that owners must retain and the ability to file a separate lien against holdback funds. It notes some limitations of liens and considerations for determining whether to file one.
Time management in fidic red book 2017(prmg080 project)mohamed Ismail
The document discusses time management under the FIDIC Red Book 2017 construction contract. It outlines the key project parties, including the engineer, employer, and contractor. It then examines various time-related clauses such as the time for completion, commencement and delays, extensions of time, suspension, resumption of work, and delay damages. The payment process and typical payment events are also summarized. Finally, the document reviews FIDIC's dispute resolution provisions, including the process for claims, references to the dispute adjudication board, and potential arbitration.
Fidic comparison red yellow - silver bookHani Saad
1. The document compares three types of construction contracts - the Red Book, Yellow Book, and Silver Book.
2. The Red Book and Yellow Book contracts allocate some key risks like design errors to the employer. The Silver Book allocates most risks to the contractor.
3. The Red Book and Yellow Book contracts use an engineer appointed by the employer to administer the contract, while the Silver Book does not use an engineer and the employer directly administers the contract.
This document discusses design liability for various parties involved in construction projects. It establishes that professionals like architects and engineers have a duty to exercise reasonable care and skill. Designers are liable from the project's inception and must clarify the client's objectives and ensure site suitability. Contractors have limited design liability unless a contract specifies otherwise. Subcontractors may be liable if they are nominated and provide warranties to the client, but domestic subcontractors do not have independent liability from main contractors.
Construction claims, disputes and project closuresrinivas2036
This document discusses construction claims, disputes, and project closure. It begins by explaining that during project execution, issues often arise between parties that cannot be resolved, resulting in claims from contractors for time extensions or cost reimbursements. These claims can be settled amicably or become disputes if the owner does not agree. Common sources of claims include defects in contracts, site conditions differing from descriptions, scope changes, and payment delays. The document provides guidance on claim management, notification, substantiation, and resolution procedures. It also discusses mechanisms for dispute avoidance and resolution such as negotiation, mediation, arbitration, and their advantages over legal proceedings.
The architect as contract administrator a legal perspective - presentation ...Zainab Zainordin
This document provides an overview of the architect's role as contract administrator from a legal perspective. It discusses the architect's scope of work under the building contract, their duty to act independently and impartially when certifying payments. The document analyzes specific clauses in the PAM 2006 building contract form regarding practical completion, defects liability, damages for non-completion, and emphasizes the importance of the architect exercising proper judgment when issuing certificates that can financially impact the contractor and employer. Key sources of construction law are also outlined.
FIDIC is an international federation of consulting engineers that publishes standard forms of contract. It was founded in 1913 and is headquartered in Geneva. Some of FIDIC's most well-known standard forms include the Red, Yellow, and Silver Books. The Red Book covers construction projects, the Yellow Book covers electrical and mechanical works, and the Silver Book covers EPC/turnkey projects. FIDIC contracts establish important procedures like priority of contract documents, the engineer's role, extensions of time, insurance requirements, and dispute resolution processes involving negotiation, mediation, and arbitration.
Clause 14.1 The Contract Price- Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Contract Price is an agreed amount or lump sum amount for the design, execution and completion of the works, remedying of defects and adjustments.
•The Contract Price is inclusive of all taxes, duties and fees and adjusted as per changes in legislation.
•The Contract Price is linked with variation, legislation, access to site, delay damages, provisional sum, costs, unforeseeable difficulties, employer’s risk etc.
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
The document discusses performance security under FIDIC conditions of contract. Performance security is usually 10% of the contract price and is valid until the contractor has completed the works and remedied any defects. The employer can claim under the performance security if the contractor fails to extend the validity period, fails to pay amounts owed, or fails to remedy a default. The performance security is returned once the contractor is entitled to the performance certificate.
It Pays to Be Right: Payment in Construction ContractsFrancis Ho
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.
1) Tougher fines and potential imprisonment are coming for those who breach health and safety regulations under reforms to the regulations. Responsibility for health and safety cannot be contracted out and failures can result in criminal prosecution.
2) The definition of "designer" under the CDM regulations is very broad and could include those who make suggestions about design or materials, even inadvertently. This could result in taking on designer responsibilities and duties.
3) Under the new regulations, the role of the principal designer replaces the coordinator role and aims to better plan and manage the pre-construction phase, but designer responsibilities remain the same, such as eliminating health and safety risks in design.
This document provides an overview of the key changes to the Construction Design and Management (CDM) regulations that will take effect in April 2015 in the UK. Some of the main changes include: 1) Projects will only need to be notified to the HSE if they last over 30 days with over 20 people on site, rather than 30 days or 500 person days; 2) Domestic projects involving two or more contractors will now be included; 3) The role of the CDM Coordinator will be replaced by the Principal Designer who will have design phase responsibilities. The client will have new duties including appointing the Principal Designer and Contractor and ensuring they fulfill their roles.
This document provides a presentation on design and build contracts under FIDIC contracts. It discusses what FIDIC is, its origins and vision. It then discusses design and build procurement, highlighting advantages like price certainty and single point responsibility, as well as disadvantages like reduced employer control. It outlines the roles of different parties in traditional vs design and build arrangements. It also summarizes key clauses and details in FIDIC's Orange Book and Yellow Book for design and build and turnkey contracts. Sample questions and answers are provided to illustrate how situations would be addressed under the FIDIC contracts.
A review of the concept of extension of time for construction contracts, including why it is beneficial for employers to grant extensions. Includes a look at alternatives to extension, by way of acceleration of works.
- Advance payments are made to contractors before work is completed to help cover startup costs. They include mobilization advances for materials, plants, and machinery.
- Risks are involved, so measures like guarantees are taken. Advances must be used for the work and recovered early.
- Mobilization advances may be given in installments before work starts against guarantees. Plant advances require verification and hypothecation to the employer.
- Secured advances are given for materials brought on site. Interim bills are considered advances against work done to be adjusted from later bills.
The document provides an overview of construction contract laws in Ethiopia. It discusses key definitions related to contracts, requirements for valid contracts, and types of contracts. It also summarizes the three main sources of contract law for construction projects in Ethiopia: 1) the Law of Administrative Contract in the Civil Code of Ethiopia, 2) the MoWUD Standard Conditions of Contract, and 3) the PPA Conditions of Contract used for public procurement projects. For each, it highlights important elements such as definitions, roles of parties, general framework and clauses.
The document provides an overview of changes to FIDIC contracts, specifically the 2017 editions of the Yellow, Silver, and Red Books (the "Rainbow Suite"). Key changes include an increased emphasis on dispute avoidance through enhanced project management procedures and the establishment of standing Dispute Avoidance/Adjudication Boards. The role of the Engineer is revised to act neutrally rather than for the Employer. Additional changes aim to improve processes for extensions of time, variations, payments, and claims handling.
This document discusses time-bar clauses in standard construction contracts. It begins with an introduction that defines time-bar clauses and notes their increasing use. It then outlines the purposes of time-bar clauses such as alerting employers to claims and allowing for timely evaluation. The document reviews general legal principles around time-bar clauses from relevant case law. It examines the effectiveness of time-bar clauses in contracts like FIDIC and discusses requirements for notices of claims and record keeping. The role of the quantity surveyor is also mentioned.
This document discusses various topics related to labour law in India including contracts of service, contracts for service, the Standing Orders Act, and the Contract Labour Act. It provides definitions for key terms, outlines tests to distinguish between contracts of service and contracts for service, explains the sources of employment terms and conditions, and summarizes the purpose, provisions and applicability of the Standing Orders Act and Contract Labour Act.
Nuts and bolts of builders liens (Independent Contractors and Businesses Asso...SHKLaw
This document provides an overview of builders liens in British Columbia. It defines what a builders lien is and explains that it creates a registered claim for payment of services or materials supplied for improvements to lands. It also outlines who can file a builders lien, the timeframe to file, what constitutes substantial completion of a project, how to enforce a lien through a lawsuit, and an owner's options to discharge a lien through posting security or paying the lienholder. The document discusses holdback amounts that owners must retain and the ability to file a separate lien against holdback funds. It notes some limitations of liens and considerations for determining whether to file one.
Time management in fidic red book 2017(prmg080 project)mohamed Ismail
The document discusses time management under the FIDIC Red Book 2017 construction contract. It outlines the key project parties, including the engineer, employer, and contractor. It then examines various time-related clauses such as the time for completion, commencement and delays, extensions of time, suspension, resumption of work, and delay damages. The payment process and typical payment events are also summarized. Finally, the document reviews FIDIC's dispute resolution provisions, including the process for claims, references to the dispute adjudication board, and potential arbitration.
Fidic comparison red yellow - silver bookHani Saad
1. The document compares three types of construction contracts - the Red Book, Yellow Book, and Silver Book.
2. The Red Book and Yellow Book contracts allocate some key risks like design errors to the employer. The Silver Book allocates most risks to the contractor.
3. The Red Book and Yellow Book contracts use an engineer appointed by the employer to administer the contract, while the Silver Book does not use an engineer and the employer directly administers the contract.
This document discusses design liability for various parties involved in construction projects. It establishes that professionals like architects and engineers have a duty to exercise reasonable care and skill. Designers are liable from the project's inception and must clarify the client's objectives and ensure site suitability. Contractors have limited design liability unless a contract specifies otherwise. Subcontractors may be liable if they are nominated and provide warranties to the client, but domestic subcontractors do not have independent liability from main contractors.
Construction claims, disputes and project closuresrinivas2036
This document discusses construction claims, disputes, and project closure. It begins by explaining that during project execution, issues often arise between parties that cannot be resolved, resulting in claims from contractors for time extensions or cost reimbursements. These claims can be settled amicably or become disputes if the owner does not agree. Common sources of claims include defects in contracts, site conditions differing from descriptions, scope changes, and payment delays. The document provides guidance on claim management, notification, substantiation, and resolution procedures. It also discusses mechanisms for dispute avoidance and resolution such as negotiation, mediation, arbitration, and their advantages over legal proceedings.
The architect as contract administrator a legal perspective - presentation ...Zainab Zainordin
This document provides an overview of the architect's role as contract administrator from a legal perspective. It discusses the architect's scope of work under the building contract, their duty to act independently and impartially when certifying payments. The document analyzes specific clauses in the PAM 2006 building contract form regarding practical completion, defects liability, damages for non-completion, and emphasizes the importance of the architect exercising proper judgment when issuing certificates that can financially impact the contractor and employer. Key sources of construction law are also outlined.
FIDIC is an international federation of consulting engineers that publishes standard forms of contract. It was founded in 1913 and is headquartered in Geneva. Some of FIDIC's most well-known standard forms include the Red, Yellow, and Silver Books. The Red Book covers construction projects, the Yellow Book covers electrical and mechanical works, and the Silver Book covers EPC/turnkey projects. FIDIC contracts establish important procedures like priority of contract documents, the engineer's role, extensions of time, insurance requirements, and dispute resolution processes involving negotiation, mediation, and arbitration.
Clause 14.1 The Contract Price- Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
•Contract Price is an agreed amount or lump sum amount for the design, execution and completion of the works, remedying of defects and adjustments.
•The Contract Price is inclusive of all taxes, duties and fees and adjusted as per changes in legislation.
•The Contract Price is linked with variation, legislation, access to site, delay damages, provisional sum, costs, unforeseeable difficulties, employer’s risk etc.
Clause 4.2 Performance Security-Understanding Clauses in FIDIC ‘Conditions of...Divyanshu Dayal
The document discusses performance security under FIDIC conditions of contract. Performance security is usually 10% of the contract price and is valid until the contractor has completed the works and remedied any defects. The employer can claim under the performance security if the contractor fails to extend the validity period, fails to pay amounts owed, or fails to remedy a default. The performance security is returned once the contractor is entitled to the performance certificate.
It Pays to Be Right: Payment in Construction ContractsFrancis Ho
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.
1) Tougher fines and potential imprisonment are coming for those who breach health and safety regulations under reforms to the regulations. Responsibility for health and safety cannot be contracted out and failures can result in criminal prosecution.
2) The definition of "designer" under the CDM regulations is very broad and could include those who make suggestions about design or materials, even inadvertently. This could result in taking on designer responsibilities and duties.
3) Under the new regulations, the role of the principal designer replaces the coordinator role and aims to better plan and manage the pre-construction phase, but designer responsibilities remain the same, such as eliminating health and safety risks in design.
This document provides an overview of the key changes to the Construction Design and Management (CDM) regulations that will take effect in April 2015 in the UK. Some of the main changes include: 1) Projects will only need to be notified to the HSE if they last over 30 days with over 20 people on site, rather than 30 days or 500 person days; 2) Domestic projects involving two or more contractors will now be included; 3) The role of the CDM Coordinator will be replaced by the Principal Designer who will have design phase responsibilities. The client will have new duties including appointing the Principal Designer and Contractor and ensuring they fulfill their roles.
The document discusses key changes to the Construction Design and Management (CDM) regulations between 1994 and 2007 in the UK. It notes that CDM 1994 identified new duties for clients and designers but did not fully deliver on improving health and safety. CDM 2007 aimed to simplify the regulations, strengthen coordination requirements, and focus on planning and management rather than paperwork. Key changes included removing the planning supervisor role and introducing the new role of coordinator to assist the client, as well as adjusting notification thresholds.
NEC4 overview: key changes and impacts - London, September 2017Browne Jacobson LLP
This seminar looked at the changes to the NEC structrure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
This document provides guidance on the Construction (Design and Management) Regulations 2015 (CDM 2015), which came into force on 6 April 2015 replacing CDM 2007. It describes the legal requirements of CDM 2015 and is intended to help those with duties under the Regulations. The guidance explains the duties of each duty holder under CDM 2015, including clients, designers, principal designers, principal contractors, contractors, and workers. It aims to help ensure construction projects are carried out in a way that secures health and safety.
160
مبادرة
#تواصل_تطوير
المحاضرة ال 160 من المبادرة
الاستاذ الدكتور شريف الهجان
بعنوان
البرنامج الزمني في عقود التشييد
The programme in construction contracts
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السابعة مساء توقيت القاهرة
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This document provides an introduction and overview of FIDIC Conditions of Contract. It discusses what FIDIC is, the characteristics and application of FIDIC Conditions of Contract, and new developments. Some key points include: FIDIC has compiled construction contract conditions used globally for over 50 years; the 1999 editions include the Red, Yellow, and Silver Books; characteristics include unified terms, wider application, and more specific rights/obligations; new developments include the Gold Book for Design-Build-Operate contracts and improved dispute resolution methods.
The document summarizes a report on contract administration and site management for a health centre extension project. It recommends using a JCT Intermediate Contract with Quantities due to its flexibility and simplicity compared to other standard forms. The contract administrator's role is described as both desk-based and requiring site presence to monitor progress and ensure compliance with health and safety regulations. Statutory approvals from planning and building control authorities are necessary and the approval process involves submitting plans and allowing inspections. Risks associated with the site such as ground conditions and potential delays must be managed under the contract.
Legal and regulatory aspect of project financeGagan Varshney
This document discusses the legal and regulatory aspects of project finance. It begins by explaining that every project finance is subject to some laws and regulations to allow for unanimous decisions, proper planning, timely actions, and clear allocation of duties. Section 2 notes that current trends involve strengthening project finance rules to bring certainty, clarity, and allow for quick decisions. Section 3 outlines the typical project configuration including a special purpose vehicle and key project parties such as sponsors, contractors, lenders, and government. It also describes some fundamental provisions of key contracts like shareholder agreements, EPC contracts, and O&M contracts. Section 4 predicts that future trends will involve new technologies affecting laws and regulations, requiring rules for financing new project completion techniques involving both human
This document summarizes changes between the 2000 and 2014 editions of the Joint Building Contracts Committee (JBCC) standard form construction contracts used in South Africa. Some key changes include streamlining and restructuring the contract from 40 to 30 clauses, expanding and clarifying contractor and employer duties, consolidating insurance provisions, reformulating security provisions, and increasing contractor liability for works risk while defining force majeure events. Specific changes are outlined for indemnities, setting out, subcontractors, and completion phases. The document provides an overview of the evolution of the JBCC standard forms and significant differences between editions.
The document discusses tendering procedures for construction contracts. It describes the tendering process where bids are invited from suitable contractors based on tender documents prepared by the employer's design team. The design team then assesses the tenders and provides a report advising which tender to accept. The employer then signs a contract with the successful tenderer, who becomes the contractor. The tender documents form the basis of this contract, though changes can be made during construction as work progresses. The goal of tendering is for the employer to find the right contractor at the right price, while contractors aim to win contracts on suitable terms and prices.
This document discusses earned value management (EVM) as a tool for evaluating project productivity. EVM involves creating a baseline schedule with planned labor hours and quantities for each activity. A planned S-curve is then generated showing cumulative planned hours over time. Actual progress is measured by "earned hours," which are calculated as actual quantities multiplied by planned labor units. Comparing earned hours to planned hours indicates whether a project is ahead or behind schedule. EVM further analyzes efficiency by tracking actual hours worked versus earned hours to identify if labor is under- or over-productive. The document provides an example to illustrate these EVM concepts.
The document summarizes contracting practices in Ethiopia, including administrative contracts and standard conditions of contract. It discusses the Law of Administrative Contract, MoWUD Conditions of Contract, and PPA Conditions of Contract. It explains key features of administrative contracts under Ethiopian civil law, including imbalance favoring the public authority. It also provides details on the MoWUD and PPA standard conditions of contract documents.
Clients in construction_best_practice_guidance (1)Mirela M
The document provides guidance for clients on their health and safety duties and responsibilities during construction projects. It outlines that clients must appoint competent designers, project supervisors, and contractors. It also explains that clients should assess these appointees' qualifications and experience to ensure safety is properly managed throughout the project. The document aims to help clients understand construction health and safety law and fulfill their legal obligations.
The document outlines recommendations for various actors to curb corruption in the construction sector. It recommends that governments, clients, companies, financial institutions, trade associations, auditors, shareholders, and civil society all implement strict anti-corruption policies and work together transparently. Specific recommendations include implementing ethics codes, conducting due diligence on partners, using project integrity pacts, blacklisting corrupt companies, and establishing an independent organization to monitor standards and report corruption.
The document outlines recommendations for various actors to curb corruption in the construction sector. It recommends that governments, clients, companies, financial institutions, trade associations, auditors, shareholders, and civil society all implement strict anti-corruption policies and work together transparently. Specific recommendations include implementing ethics codes, conducting due diligence on partners, using project integrity pacts, blacklisting corrupt companies, and establishing an independent organization to monitor standards and report corruption issues.
NEC4 overview: key changes and impacts - Nottingham, September 2017Browne Jacobson LLP
This seminar looked at changes to the NEC structure, changes in approach following the change to the structure, and the introduction of two new contracts to the suite.
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Gary Lewis - CDM 2007 and Legal Landscape
1. The Construction (Design & Management)
Regulations 2007 (“CDM”)
Understanding the role of CDM
Regulations in the UK legal landscape
39 Offices in 19 Countries
2. Why do we need the CDM Regulations?
• The CDM Regulations recognise that construction work is
challenging and dynamic and therefore difficult to manage from a
risk management perspective.
• In terms of the effective management of construction projects the
CDM Regulations concentrate on:
Planning
Co-operation
Co-ordination
Competency
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3. CDM 2007
• ADDRESSING IDENTIFIED DEFICIENCIES OF CDM 1994
• Health and safety management an integral part of project –NOT
AN AFTERTHOUGHT or BOLT-ON EXTRA
• Restore client to pivotal role in chain of command
• Improve planning and management of health and safety of
projects from the start and throughout the project
• Identify and eliminate/reduce risks at the design stage
• Sequential approach to appointments to ensure “the right
people get the right information at the right time”
• Prescriptive competence assessment criteria
3
5. The bigger regulatory picture
• CDM 2007 supplements other health and safety legislation
• Health and Safety at Work etc. Act 1974 (“HSWA”)
• Management of Health and Safety at Work Regulations 1999
(“MHSWR”)
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6. HSWA
General duties on employer
Section 2 – devise and implement safe systems of work, so far as
is reasonably practicable, in respect of own employees
Section 3 – conduct business activity in such a way as is safe, so
far as is reasonably practicable, in respect of non employees
(contractors or members of public)
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8. Context
A mistake to think that CDM 2007 only applies to conventional
“bricks and mortar” projects.
NOTE: The very wide definition of “construction work” –
Regulation 2
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9. CDM 2007
Notification criteria:
• Projects (other than for a domestic client) notifiable if:
30 working days; or
500 person days
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10. CDM 2007
If project notifiable, additional duties are imposed on duty holders
under Part 3
N.B.
10
Remainder of slides assume the duties will be those
imposed by Part 3
11. CDM 2007
The Client
• Pivotal role in terms of management of construction project
• No scope for Client to appoint agent
• More than one client – can elect one client as only client
(paragraph 42 of ACoP)
Client Appointments
• Default provision – Regulation 14(4)(a)
CDCM
PC
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12. CDM 2007
CDM Co-ordinator (“CDMC”)
• Early appointment
• No designer shall commence work unless appointed
• Advise client in respect of client duties
• Co-ordinate the design function
• Facilitate good communication between client, designers, PC
and contractors
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13. CDM 2007
Onerous responsibilities on Designer
• Eliminate or reduce the risks at design stage
• Design project specific
• Provide information about remaining risks
• Lead designer (paragraph 48 of ACoP)
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14. CDM 2007
Principal Contractor
• There can only be one Principal Contractor at any one time
• Planning, management and monitoring of activity during
construction phase
• Should have input at design stage
• Competency is key
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15. CDM 2007
Appointments – all parties
• Appointees should not allow themselves to be appointed if not
competent
• Appointers should vet competency of appointee
• Competence should be project specific
• Beware multiple role holders
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17. CDM 2007 – General Consideration
1. Does project involve “construction work”? (Regulation 2)
2. If so, CDM provisions need to be incorporated into contractual
provision
3. CDM roles and responsibilities need to be implemented in
terms of practical delivery of project
17
18. CDM 2007 – Guiding Principles
Liability will be commensurate with a party’s level of control as:
1. Duty holder
2. Contractual provision
3. Actual control in terms of dictating system of work etc.
18
19. CDM 2007 – Guiding Principles
• Level of control should be aligned with the roles and
responsibilities envisaged by health and safety legislation
• Exercising too much or too little control will increase liability
• Getting level of control correct is key to managing liability risk
19
20. Joint Ventures – What the HSE say:
There may be occasions when two or more companies combine their
resources to carry out a joint venture. This can take different forms:
1. Each individual company carries out a separate contract
although they may co-operate for administrative or organisational
purposes.
Each company would be liable for its own contraventions and could therefore
be prosecuted in its own name without reference to any of the other companies
involved.
2. The companies involved contribute resources to the formation of a
new company for the purpose of the joint venture.
This separate company is a legal person which can be prosecuted in its
corporate name.
3. The companies involved conduct the venture under a business
name without forming a new company.
20
This will constitute a partnership in which the companies are the partners. They
will be jointly and severally liable for contraventions arising from the venture.
21. The Joint Venture (“JV”)
A question of timing –
At the time the parties are deciding whether to enter into a joint
venture and what type of joint venture they should consider how
that organisation will align itself with CDM arrangements.
21
22. The JV
Will the JV be the client?
Yes if incorporated JV, but not necessarily if unincorporated JV.
Will a party to JV also be a CDM role holder?
This is the time to consider the commercial arrangements and the
health and safety arrangements, in particular CDM framework, in
tandem.
22
23. The JV
Sequential approach with commercial considerations as driver and
health and safety (CDM) as passenger is contrary to one of main
stated objectives of CDM namely:“Health and safety management should be an integral part of the
project NOT AN AFTERTHOUGHT OR BOLT ON EXTRA”
23
24. Jurisdiction
JURISDICTION DICTATES THE RELEVANT REGULATORY
FRAMEWORK
The Health and Safety at Work etc. Act 1974 (“HSWA”)
(Application outside Great Britain) Order 2013 (“the Order”) came
into effect on 6 April 2013
See also Offshore Information Sheet No1/2013.
24
25. Jurisdiction
Purpose of the Order:
consolidate 2001 and 2011 orders “to maintain HSE’s ability to
regulate work activities and ensure statutory protection is extended
to workers and work activities associated with ‘energy
structures’ (wind farms) which are being built beyond the
Territorial Sea within the Renewable Energy Zone.
25
26. Jurisdiction
Article 9 of the Order
1. The prescribed provisions of HSWA apply to within: a) The Territorial Sea – 12 nautical miles adjacent to and measured
from the UK coastline
or
b) A Renewable Energy Zone – (introduced by 2011 Order)
in relation to any ‘energy structure’.
2. ‘Energy Structure’ – a fixed or floating structure or machine,
other than a vessel, which is, or is to be, or has been, used for
producing energy from water or wind.
* 2013 revision to 2001 definition
26
28. UK jurisdiction
1. 12 nautical mile limit; and
2. Extension of 12 nautical mile limit by REZ (UK has adopted
EEZ as REZ)
28
29. International jurisdiction
Article 60 of UN Convention of Law of Sea confers on a country
“exclusive jurisdiction over such artificial islands, installations and
structures, including jurisdiction with regard to…health and
safety…laws and regulations” for an area extending 200 nautical
miles from the coastline of that country – known as Exclusive
Economic Zone (EEZ).
Article 56 – includes the exploitation of the EEZ for the production
of energy from water, current and wind.
Where the distance between two countries is less than the above
three scenarios, the ‘equidistance principle’ will ordinarily apply.
29
30. Contact
Gary Lewis
Senior Associate
T: 0161 830 5373
M: 07825 204407
F: 0870 460 2910
E:gary.lewis@squiresanders.com
Squire Sanders (UK) LLP
Trinity Court
16 John Dalton Street
Manchester
M60 8HS
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