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Termination for convenience: What is the contractor entitled to?

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

Reform of Qatar's arbitration framework

Qatar's long-awaited Civil and Commercial Arbitration Law, Law No. 2 of 2017 (the "New Arbitration Law") has recently come into force. It applies to all Qatar-seated arbitrations. The New Arbitration Law aims to align the...more

DIFC Courts propose specialist Technology and Construction Division

DIFC Courts seek public consultation for proposed specialist Technology and Construction Division. The DIFC Courts are an important forum for dispute resolution in the Gulf and wider Middle East region. However,...more

Is the Oasis now a Mirage? Dwindling scope of the DIFC Courts' 'conduit jurisdiction'

Recent decisions of the Judicial Tribunal and the Dubai Court of First Instance limit the scope of the DIFC Courts' 'conduit jurisdiction'.   ...more

The Second Edition of the SCL Delay and Disruption Protocol

The Society of Construction Law ('SCL') has just published the Second Edition of its Delay and Disruption Protocol. Background - The SCL Delay and Disruption Protocol was first published in 2002. Its stated...more

Serving contractual notices: wrong method, right result

Contracts usually stipulate for specific requirements that need to be carefully followed in serving contractual notices, failing which serious issues may arise. Two recent cases highlight the courts' approach to notice...more

Fraud and Performance Securities

Performance securities are an everyday feature of construction and engineering projects. It is increasingly common to see calls on performance securities challenged on the basis of "fraud". Two recent cases from the English...more

Contractor not liable following tunnel collapse

A recent Scottish case absolved a contractor from liability for the collapse of a tunnel as part of a hydroelectric scheme. This was because the contractor exercised reasonable skill and care, and did not guarantee the...more

The Risks of Suspension under Construction Contracts

Two recent cases from Australia and Hong Kong highlight the serious dangers of a wrongful suspension of works under a construction contract. Wrongful suspension may ultimately lead to the termination of a contract, and...more

Strict Compliance with Performance Bonds

Performance bonds and bank guarantees are commonly used as forms of security under construction and engineering contracts. Calling on a performance bond or bank guarantee requires, in most countries, "strict" compliance with...more

First Enforcement of a QIC Judgment in the State of Qatar

In a landmark case (Protech) last week, a judgment of the Qatar International Court ("QIC") has been successfully enforced by the courts of the State of Qatar....more

Overpayments in Construction Projects: Getting Repaid (Or Not)

Construction and engineering contracts usually contemplate interim payments being made "on account", meaning that any overpayments or underpayments can be redressed in later payment claims, or in the final account. However,...more

An Expanding PPP Framework for Qatar

In August 2016, His Excellency, the Minister of Economy and Commerce, Sheikh Ahmed bin Jassim bin Mohamed al-Thani, announced that the State of Qatar is looking to increase direct foreign investment in the development of...more

Lump Sum Contracts: Not always certain?

"Lump sum fixed price" is a well-established method of construction contracting in the Middle East and many other regions of the world. Its selling point is price certainty. However, as two recent cases highlight, defining a...more

New Qatar Public Procurement Law

Last week the State of Qatar implemented a new public procurement law. The new law further aligns Qatar's public procurement laws with international best practice and should streamline public procurement in Qatar....more

DIFC Continues To Establish Its Arbitration-Friendly Credentials With Recent Amendment To DIFC Arbitration Law

Following a recent amendment to the Dubai International Financial Centre1 (DIFC) Arbitration Law, it is now clear that matters brought before the DIFC Courts which are governed by a valid arbitration agreement shall be stayed...more

DIFC Courts open consultation regarding amendments to the Rules of the DIFC Courts

The Dubai International Financial Centre (DIFC) Courts have opened up a month-long consultation regarding proposed amendments to the Rules of the DIFC Courts (the “RDC”). A proposed amendment of particular interest relates to...more

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