The document summarizes a scenario where Fields Developments plc (Fields) hired Nova Construction SA (Nova) to construct an integrated water and power plant in Dubai. The project is substantially behind schedule. Fields wishes to claim 12 weeks of liquidated damages from Nova due to delays, totaling €12,480,000. However, Nova may be insolvent. The document asks whether Fields can claim the damages from Nova's performance bond. It provides the relevant contract clause and bond language for review. Fields must determine if there are any weaknesses in the documents affecting its ability to claim, and what procedural steps it needs to take to do so assuming it is entitled under the bond.
A 1+ hour presentation on contract drafting basics under English law, given at Moscow State Law University for Lexis Nexis. Contains speakers notes with applicable cases.
The document outlines conditions of contract for construction projects using FIDIC standards. It defines key terms, outlines general provisions regarding communications, law, priority of documents, and responsibilities of parties. Specifically, it describes the roles and responsibilities of the Employer in providing access and assistance to the Contractor, and the Contractor's general obligations to perform works, provide security, and name a representative. It also covers the Engineer's duties and authority to oversee the project.
The document provides information regarding a quantity surveying coursework assignment on the preparation of a final account. It includes questions and answers on actions to take regarding errors in tender rates, assessing a contractor's final account application, evaluating claims and variations, and granting extensions of time. Key details include rationalizing aluminium window rates before contract signing, disallowing a loss and expense claim for inclement weather, adding back nominated subcontractor values, and granting additional time but not costs for a delay caused by late design decisions. The final contract value calculated is RM 79,550,500.00.
Construction lawprint-final-update-21112017DarrenTofu
This document provides an analysis and recommendations regarding contractual disputes that have arisen on a construction project using the FIDIC Red Book 1999 conditions of contract. It identifies issues such as delays in site handover, late payments, workmen being pulled off site, and schedule delays. It examines the general responsibilities of the main contractor, conditions guiding payment, contractual programming, testing and defects, and dispute resolution methods. The document aims to advise the contractor on addressing payment delays, the potential to suspend work or terminate the contract, and resolving disputes in accordance with the contract terms.
The document summarizes key aspects of contractual obligations and liabilities in construction contracts under Ethiopian law. It discusses the object of contracts, types of contractual obligations, definitions of contractual liability, forms of legal liability including penal, civil, and administrative, conditions of contracts including general conditions, special conditions, the role of the engineer, and contractual risks from the employer and contractor perspectives. Key risks covered include change in law, errors in requirements, subcontractor approval, design approval, extension of time, taking over, termination rights, force majeure, claims and disputes. Joint ventures are also briefly defined.
The contractor submitted a final claim for a variation order totalling RM55,000 for excavating 100m3 of rock. The original bill of quantities stated 10m3 of rock excavation priced at RM50/m3. However, there was a mistake in the original pricing and the quantity was significantly understated. As such, the quantity surveyor can value the variation using fair market rates to compensate the contractor for additional expenses incurred due to the mistake and change in quantity, as allowed for under the contract terms.
PP2 Seminar - Determination of Contractor's Employment by EmployerTrace96
- The document discusses the determination of a contractor's employment by the employer under a construction contract.
- It provides situations where the employer can terminate the contractor's employment, such as failure to start work on time, suspending work without cause, or failing to comply with the architect's instructions.
- The process for termination requires the employer to issue a notice of default giving 14 days to remedy it, followed by a notice of determination if the default persists after 14 days.
Clause 14.2 Advance Payment-Understanding Clauses in FIDIC ‘Conditions of Con...Divyanshu Dayal
•Advance payment is an interest free loan to the contractor.
•Advance payment is only paid on fulfillment of certain conditions as stipulated in the clause on receipt of a statement of an interim payment, advance guarantee and performance security.
•Advance guarantee shall remain valid until the advance payment has not been completely repaid. This repayment is done through proportional deduction in the contract price or as stipulated in the particular conditions of the contract.
•Advance payment is also linked with taking over certificate, termination of the contract and force majeure.
The document discusses extension of time (EOT) provisions under various construction contracts including PAM 2006, JKR Standard Form of Contract PWD 203A 2007, and FIDIC contracts. It explains that under these contracts, the contractor is entitled to EOT for delays caused by relevant events specified in the contracts. However, the contractor must submit a written notice and application with supporting details within the timelines specified, usually 28 days, to be eligible for an EOT. While the superintending officer can grant EOT retrospectively under certain conditions, failure to submit a timely application means the contractor is not entitled to EOT.
Seminar - Partial Possession by EmployerKai Yun Pang
Here are the key differences between Sectional Completion and Partial Possession:
Sectional Completion:
- Refers to completing different sections or phases of the overall works separately based on pre-agreed sectional completion dates.
- Allows the contractor to achieve practical completion for different sections at different times.
- Each section is treated as a separate contract with its own DLP, retention sums, etc.
Partial Possession:
- Refers to the employer taking possession of part of the completed works before overall practical completion.
- Can be done with or without the contractor's consent under certain conditions.
- The occupied part is deemed practically complete but the overall works contract remains.
- Effects like reduced
Professional Practice II (Group Assignment)Yee Len Wan
1) The contractor failed to procure required insurance before commencing works, which entitled the employer to set-off costs according to contract clauses. However, the employer must follow proper procedures for set-off including providing written notices and details from QS.
2) There was a significant 73% reduction in provisional piling quantities from the contract. This qualified as a variation where the contractor can claim a fair adjustment to rates under the valuation rules.
3) The contractor did not notify the engineer soon enough about missing ground beam details, so they are not entitled to EOT or loss/expense claims despite the engineer's 5 day delay in providing details. Any missing details would be treated as a variation but rates would
Based on the information provided:
- The Contractor had priced RM 130,000 for Contractor All Risk Insurance (CARI) in the preliminaries bill.
- However, the Contractor failed to purchase the CARI when works commenced.
- The Employer then purchased the CARI for RM 180,000 on behalf of the Contractor.
As the Contractor failed to purchase the mandatory CARI as required by the contract, the Employer is entitled to recover the actual cost paid for the insurance from the Contractor.
Hence, there will be a variation of RM 180,000 - RM 130,000 = RM 50,000 that will be deducted from the Contractor's final
This document discusses the role of a Project Implementation Unit (PIU) in managing construction contracts and projects. It outlines the PIU's responsibilities in three key phases: execution, monitoring and control, and closure. During execution, the PIU directs project work, performs quality assurance, and distributes information to stakeholders. In monitoring and control, the PIU oversees project progress, manages changes, and reports performance. Finally, for closure the PIU completes the project/phase and closes procurement contracts by issuing completion certificates and collecting as-built documents. The document provides detailed steps for carrying out each of these responsibilities.
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 document discusses claims according to the FIDIC Red Book construction contract. It outlines the different types of claims that can be made by both the employer and contractor for circumstances like extensions of time, additional payments, cost recovery, and non-fulfillment of obligations. Specific clauses from the Red Book are cited that allow claims for delays, differing site conditions, suspensions of work, termination, and other events. The document also provides background on FIDIC contract models and the applicability of claims.
This document summarizes the final account for the construction of an apartment project. It lists adjustments to the original contract sum, including approved extension of time and additional insurance costs due to employer-caused delays. It also accounts for four variation orders with additions and omissions, as well as the final accounts of nominated subcontractors with adjustments to profits. The final contract value is calculated after all adjustments are made.
The document discusses the determination of a contractor's own employment under Clause 26 of the PAM 2006 contract. It outlines the different scenarios where a contractor may determine their own employment, including if the employer fails to pay certified amounts, interferes with certificates, fails to appoint a new consultant, or suspends works for an extended period. The procedure for determination involves issuing a notice of default, and if not rectified, a notice of determination within specified timeframes. The contractor must then vacate the site and submit a final account. The document also discusses rights and remedies after determination, as well as additional scenarios covered in tutorial questions.
The document provides responses to 4 questions regarding adjustments to final accounts for construction projects based on the PAM Contract 2006.
Question 1 summarizes the key elements that must be adjusted in a final account, including variations, remeasurement of provisional quantities, omission of prime costs and provisional sums, addition of NSC and NS final accounts, adjustment of profits and attendance, adjustment of provisional sums based on actual expenditure, and claims for additional expenses and loss.
Question 2 discusses the implications of omitting an entrance porch from the tender documents that was later added as a variation, including its treatment as an additional provisional sum and the process for including its cost in interim certificates and adjusting the final contract sum.
The post-contract report summarizes adjustments that need to be made for the final account of an apartment project. It discusses how omitted items like an apartment entrance arch can be treated as a variation and valued. It also addresses how to assess a contractor's final account submission and price unpriced variations, like relocating an installed door based on day rates or adjusting excavation rates based on a significant change in quantity. The report provides an overview of elements to include in the project's final account, such as variations, remeasuring provisional quantities, and claims for additional expenses or losses.
This document is a performance bond from a bank guaranteeing that a company will fulfill its contractual obligations for a construction project. The bank agrees to pay the contract partner up to a specified amount if the company fails to meet the terms of the contract. The bond is valid until a performance certificate is issued or any contract disputes are resolved. The bank's liability is irrevocable and unconditional except as outlined in the bond.
Anthony Mannino is currently studying Sport Management at Bucks County Community College. He previously studied Intelligence Studies at Mercyhurst University. He has experience coaching and training youth basketball players through the Perkasie Knights organization and volunteering his time. He received an award from the Perkasie Rotary Club for pursuing a business career and has work experience as a waiter at Doylestown Country Club.
This is a court document from a civil case filed in Florida. It lists the case number as 1:11-cv-20120-PAS and indicates that it is a document entered on the docket for the Southern District of Florida court on June 8, 2011. The document number is 42 but no other details about the case or contents of the document are provided.
Request For Proposal - Longhaul Backbone ProjectKhurram Shafique
This document is a request for tender for the supply, installation, testing and commissioning of DWDM and next generation SDH (STM-64) equipment throughout NTC on a turnkey basis. It provides background on NTC's existing optical fiber and SDH network infrastructure, including network diagrams. It outlines the technical requirements for upgrading the existing infrastructure to a DWDM/SDH system, including design parameters, a network plan, equipment details and bandwidth demand matrix. It also provides instructions to bidders on bid submission requirements and terms and conditions of the contract.
This document provides an extension of authority for a real estate agent to sell a property within a certain number of days. It outlines key details about the property such as location, lot area, improvements, and price. It specifies the terms of payment and expenses to be covered by the seller and buyer. The broker's commission is set at 5% of the agreed upon price. If the agent is successful in offering the property, they will receive 50% of the net commission received by the listing agent. All transactions regarding any potential buyer must be done with transparency and include both the listing agent and agent.
Order denying motion for appointment of pro bono counselCocoselul Inaripat
This is a court document from a civil case filed in Florida. It lists the case number as 1:11-cv-20120-PAS and indicates that it is a document entered on the docket for the Southern District of Florida court on June 8, 2011. The document number is 42 but no other details about the case or contents of the document are provided.
The document provides a non-exclusive authority to sell agreement for a property located in a specified location. It gives the agent a set number of days to negotiate the sale of the property at a listed price or terms acceptable to the owner. The owner agrees to pay the agent a specified commission percentage if the property is sold by the agent or to a buyer registered by the agent within a certain time period after the agreement ends. The owner certifies they own the property free of liens or encumbrances besides those noted.
This document provides Manuel Arengo Jr., a licensed real estate broker, with the authority to negotiate the sale of a property belonging to the seller. The key details are:
1) The property is located at No. 375 Acacia St., Cebu City with a lot area of [blank] square meters.
2) Manuel Arengo Jr. is authorized to negotiate the sale of the property for a price of 15 million Philippine pesos.
3) Upon the full payment by the buyer or a down payment if financed by a bank, Manuel Arengo Jr. will receive a 5% commission of the final selling price.
This document provides an overview of bank guarantees, including:
1) It defines a bank guarantee as a contract where the bank guarantees to perform a third party's liability in case of default. The parties involved are the applicant, beneficiary, and guarantor bank.
2) Common purposes of bank guarantees include providing security deposits, mobilizing funds, and ensuring performance or payment on contracts.
3) Guidelines state banks should exercise caution with performance guarantees and generally limit guarantees to 18 months, taking security such as cash margins from applicants.
4) Proper appraisal of guarantees is required similar to loans, examining the applicant's financial strength and purpose of the guarantee.
1. The document is an employment agreement between Vijay Laxmi Textile Ltd. and Mr. Ankur Agrawal, wherein Mr. Agrawal agrees to work as a Software Engineer for Vijay Laxmi for 3 years from January 2011 to December 2013.
2. The agreement outlines the terms of employment such as Mr. Agrawal's salary of Rs. 50,000 per month, his obligations to devote full time and efforts to the employer, confidentiality clauses, non-compete clauses, and liquidated damages if employment is terminated early by either party.
3. The agreement also allows the employer to transfer Mr. Agrawal's employment to associate companies, and
The document discusses retention funds, which are amounts deducted from payments to contractors and held by the employer to protect against default. It also discusses garnishee proceedings, which allow a creditor to obtain a court order requiring a third party holding money for a debtor to pay the creditor. Specifically, it discusses a case where a subcontractor used garnishee proceedings to try to recover money owed by the main contractor from the retention fund held by the employer. The employer tried to avoid the garnishee order by arguing the retention money was not available due to terminating the main contract and competing claims, but the court ruled the retention funds were a debt that could be attached and the subcontractor's claim took
Employment offer letter | format | template | LegalraastaLegal Raasta
What is the meaning of Employment offer letter and explain its uses, execution and the steps to get Employment offer letter.
To get your Employment offer letter online, visit https://www.legalraasta.com/employment-offer-letter/
Sample of a Letter of Request for SponsorshipMax Lee
Every event organizer has to do some fund-raising activities, one of them is to send a direct letter to your prospective companies to ask for sponsorship.
Sharing with you my dear readers who may find it useful.
Feel free to connect with me at maxermesilliam@gmail.com.
International trade procedures and documentationS.K. Bhardwaj
This document provides information about an International Trade Procedures and Documentation course taught at IILM Graduate School of Management in Greater Noida, India. The course is designed to give students a clear understanding of international trade frameworks, export and import documentation procedures, export shipment processes, export financing, and incentives. Over 24 sessions, the course will cover topics such as institutional frameworks, documentation, strategies, payment methods, financing, incentives, and shipping. Upon completing the course, students will be able to understand issues related to globalization and apply skills related to export management and documentation.
Consultant's technical & financial proposalMohamed Ahmed
Mr. Mohamed Abdi Ahmed is submitting a proposal to provide entrepreneurship training to Save the Children. He has over 5 years of experience conducting similar work in Somalia, including research and training in vocational education, livelihoods, microfinancing, and entrepreneurship.
If selected, his methodology would include participatory training techniques like demonstrations, exercises, and discussions. He would tailor internationally recognized strategies to the specifications set by Save the Children.
The timeline includes a 3-day intensive training in 3 locations, for a total of 15 consultant days. Deliverables include training manuals and reports submitted after each location. The financial proposal requests a daily rate of $200 for a total cost of $3,
INTERNATIONAL TRADE DOCUMENTS used in Export and Import Procedures are Commercial Invoice, Packing List, Certificate of Origin, Irrevocable Letter of Credit, Bill of Lading and CMR Document.
The contractor was required to strictly follow notice requirements in the EPC contract, including notifying the employer of any issues within short timeframes. This was important for establishing entitlement to claims for delays or additional costs. While the contractor notified some issues, it failed to properly substantiate notices and many instructions from the employer's representative were verbal rather than written as required. Without clear written instructions, the contractor could not prove its entitlement to adjustments. Proper notice, record keeping and following contractual procedures for notifications are essential for contractors to reserve rights and support claims on restrictive contracts.
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.
This document outlines an agreement for project management services for projects of indefinite scope and quantity. It includes 18 sections covering the scope of services, compensation, schedules, notices to proceed, and dispute resolution. Costs are addressed in exhibits detailing fee schedules and budgets for tasks like design, construction, and project controls. Schedules are managed through the fee schedule and service provider's schedule. Disputes are governed by Texas state law and both parties can terminate for cause or convenience with 10 days notice, with compensation for services performed to date in the event of non-fault termination.
This document summarizes Clause 16 of a construction contract, which deals with suspension and termination of work by the contractor. It discusses the contractor's right to suspend work if the engineer fails to issue payment certificates on time or the employer fails to meet its financial obligations. It also covers the contractor's right to terminate the contract for reasons like prolonged suspension of work or employer bankruptcy. The document provides detailed explanations of key aspects of clause 16, including the required notice periods and processes for suspension, termination, and resolving related claims.
The document discusses FIDIC, an international organization for consulting engineers. It was founded in 1913 and now has over 60 member countries. FIDIC is best known for publishing standard contract conditions used around the world for construction projects. The document discusses the new editions of FIDIC's standard contracts, including the Red Book for construction, Yellow Book for plant design/build, and Silver Book for EPC turnkey projects. It provides details on the applicability of each book under different project delivery systems. The document also discusses improvements made in the new editions to address issues like back payments, financial arrangements, and contractor-financed projects.
This document provides an analysis and professional advice for Smart Builder Construction regarding issues that arose on a construction project. It analyzes the issues based on the FIDIC Red Book 1999 and the PAM Contract 2006. Key issues included delayed site handover, non-payment of certificates, design changes incurring extra costs, and disputes over testing and defects. Advice is provided on the contractor's responsibilities, payment conditions, contractual programming, and dispute resolution methods. The contractor is advised to claim interest on late payments under the FIDIC Red Book and consider statutory adjudication for faster resolution of non-payment issues.
This document outlines an assignment for a practical scenario involving the construction of a district cooling plant project in the UAE. It provides context for the project, including details about the employer, main contractor, type of contract used, and scope of work. It then lists the requirements for the assignment, including describing the basis for contract selection, aspects of design liability, risk apportionment, potential unforeseen problems, and dispute resolution techniques. Guidance is provided on referencing legal principles and contract clauses. The maximum length for the response is 2,000 words.
This document discusses various types of engineering contracts and their key terms and conditions. It begins by outlining the four main functions of engineering contracts: scope of work, period of performance, payment, and termination. It then describes different types of civil engineering contracts such as item rate, percentage rate, and lump sum contracts. Finally, it lists important contract terms and conditions like security deposits, compensation for delays, extensions, completion certificates, and measurements and payments.
Mihaela Vulpescu, Manager of Contracts Department - "Early warnings";
Cristina Pirjan, Senior QS Advisor - "Claims at termination under FIDIC 1999 Sub-Clauses 16.4 and 19.6 of the Contract"
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.
Suspension and Termination by Contractor Presentation.pptxNathannielGonzales1
The document discusses suspension and termination of construction contracts by contractors. It defines suspension as stopping work ordered by the owner or contractor to resolve issues, while termination ends the contract before all obligations are fulfilled. The contractor has rights to suspend work if the owner fails to meet certain obligations, such as payment. The contractor can also terminate the contract by providing notice if the owner fails to meet additional obligations over timeframes. The contractor's obligations after termination include removing equipment and turning over documents. The owner must then pay the contractor outstanding amounts after termination.
This document is an expression of interest from Bhandari Construction and Developers Pvt. Ltd. for their new residential project called BCD Heaven Valley - Phase 1, codenamed BCD North Star. It lists the various unit sizes available from 1 BHK to duplex units and provides the basic and premium pricing. Interested customers must fill out an application form providing their contact and financial details. By submitting the form along with a registration amount, the customer is expressing interest to provisionally book a unit in the project subject to terms and conditions regarding payment plans and timelines to be finalized in the sale agreement.
The document is a services agreement between Christian Reed (Independent Contractor) and Kwende Reid (Contractor) to promote Kwende's literary works from January 25, 2011 to June 25, 2011. The agreement outlines the scope of services such as promoting Kwende's works on social media, gaining media coverage, booking performances, and producing an infomercial. It also details payment terms including a $400 deposit and $1000 monthly fee paid by Kwende to Christian. The addendum provides tasks and deadlines for branding, introduction to the public, product packaging/placement, and a launch event.
The document discusses claims that may arise under the new FIDIC Conditions of Contract, including procedures for extension of time claims, payment claims, and dispute resolution. It notes that the contractor must provide a notice of claim within 28 days of becoming aware of the issue, and must follow up within 42 days with full supporting particulars. It describes the requirements for particulars, including linking causes of delay to periods of delay and providing factual evidence like correspondence and photographs.
This document outlines the terms of a Mudaraba financing agreement between a client and institution. Key points:
1) The client will act as Mudarib (manager) and the institution as Rab Al-Maal (financier) for a project.
2) The institution will supply funds for the project which will be deposited in a designated account and only used for project expenses.
3) Profits will be split between the client and institution according to specified percentages, while losses will be solely borne by the institution except in cases of client misconduct or negligence.
4) The client is responsible for managing the project according to the agreement terms and supplying required financial reports.
Time Bars and their enforceability in English law EPC contractsEversheds Sutherland
The use of time bar clauses in standard form EPC contracts is common. How effective a tool are such clauses for managing contractors’ claims for extensions of time and additional payment, and what challenges will there be in enforcing a time bar clause?
A Claim submitted by the contractor during for slides.pptxMahSobeh
The contractor submitted a claim for compensation due to delays and disruptions during a road construction project in Gaza. The three main issues were: 1) Delay of 81 days due to the employer's failure to hand over the site on time. Compensation claimed: $18,225. 2) Work suspension of 5 days by employer's order, with compensation of $7,375. 3) Increase in material prices of $37,792 due to overall project delay of 86 days. The total compensation claimed was $63,492 for time delays and increased costs. Supporting documents included correspondence, contract documents, meeting minutes and project schedules.
This document discusses payment terms in the construction industry. It covers topics such as the importance of timely payments, payment procedures in standard contracts like FIDIC, remedies for payment default, statutory remedies under English law, self-help remedies, and conditional payment provisions. The document emphasizes that cash flow is critical in construction projects due to their long duration and capital-intensive nature. It provides an overview of payment mechanisms and remedies for delayed payment in construction contracts.
Similar to Performance Bond Workshop Exercise (20)
We were asked to give a talk to colleagues as part of a "COP26 fortnight" at Penningtons Manches Cooper LLP on the benefits of a lifestyle eating less meat.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
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 ...Francis Ho
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.
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 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.
This document summarizes key points from a construction law summer school discussion on emerging markets. It outlines some of the interactions between civil law and common law systems that can cause conflicts in construction contracts. Cultural and political concerns in emerging markets are also discussed, such as being bound by local dispute resolution forums and public policy requirements. The document also summarizes considerations for working with local contractors, splitting EPC contracts, contract administration expectations, and managing claims in international construction projects in emerging markets.
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 ProjectsFrancis Ho
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 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.
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 UKFrancis Ho
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 ContractsFrancis Ho
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 InsuranceFrancis Ho
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 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 2015Francis Ho
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 MarketFrancis Ho
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.
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.
1. **Team Strength**:
- Seasoned discoverers with mineral finds of >$1Bn (silver), >42Mozs (gold), >12Blbs (copper)
- $8.75M recently raised for aggressive exploration
- 30% management ownership aligns interests
2. **High-Grade Discovery**:
- 2021 re-discovery: 75Moz at 980g/t AgEq (silver-zinc-lead)
- Objective: Prove continuity between high-grade discovery and existing gold-silver mine
- Potential for a gigantic, continuous deposit
3. **Proven Production Area**:
- Site of one of Alaska's first open-pit gold mines
- Existing 43-101 resource: ~500,000 oz AuEq, mostly indicated
4. **Carbonate Replacement Deposit (CRD) Advantages**:
- High grades, low mining costs
- Metallurgically simple, minimal environmental impact
- Strategic metals (Zn, Ga) could expedite permitting
5. **Massive Potential**:
- Two polymetallic deposits potentially linked
- Extensive mineralization corridor to be confirmed by drilling
Key Takeaway: High-grade discovery with potential for a giant, continuous CRD deposit, backed by a proven team and existing resources in a mining-friendly jurisdiction.
How Do Flange Adapters Work and Why Are They Essential?Texas Flange
Discover how flange adapters work and why they are essential for seamless pipe connections. Enhance efficiency and ensure leak-free operations with top-quality flange adapters.
Zodiac Signs and Fashion: Dressing to Suit Your Astrological Stylemy Pandit
Discover how the 12 Zodiac Signs influence your fashion style with MyPandit! From bold Aries to dreamy Pisces, find out how to dress to suit your astrological personality.
A template for preparing successful business models and the components of Business model canvas, Enhances Business Plan, Types of Business Models, Steps in preparing business model, a sample business model
Network Observability – 5 Best Platforms for ObservabilityGauriKale30
Constant changes in network traffic and configurations require understanding the IT network for reliability. Network observability with telemetry, AI/ML, and AIOps gathers and analyzes data, predicts issues, and automates responses
Innovation Hub_ Spotlight on Toms River's Role as a Beacon for Entrepreneuria...Philip M Caputo
As explained by Philip M Caputo, Tom's River New Jersey, is rapidly emerging as a vibrant hub of innovation and entrepreneurship. With its strategic location, supportive community, and rich history of resilience, this town is transforming into a beacon for entrepreneurial endeavors. Toms River fosters a dynamic environment where ideas flourish, and businesses thrive, from tech startups to creative enterprises.
AI and Best Use Cases for Your Personal Life.pptxBrian Frerichs
THIS SLIDE PROVIDES A BRIEF OVERVIEW OF THE TOPIC AND THE KEY AREAS THAT WILL BE COVERED IN THE PRESENTATION ON HOW AI CAN BE LEVERAGED FOR PERSONAL LIFE APPLICATIONS.
The standard operating procedure aims to align all the Digital Marketing Efforts into a single channel and help to measure the effectiveness of each department.
This SOP applies to all digital marketing activities including
• Social Media Marketing (SMM)
• Search Engine Marketing (SEM)
• Digital Ads
• Web Development
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• Email Marketing
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• Community Marketing (Whatsapp/ Viber etc.)
• Paid Marketing
• Native Marketing
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The Business Process Model and Notation (BPMN) is the OMG industry standard for defining and orchestrating the flow of activities comprising end-to-end business processes. This live event will showcase the iterative creation and seamless exchange of BPMN models among different tools, highlighting the interoperability and sophistication of current BPMN technology. This showcase is an invaluable opportunity for professionals in the field to witness firsthand the advanced functionalities and collaborative potential of BPMN tools. Join us for an insightful exhibition of the latest advancements in business process management.