contracts

Types of Contract Breaches

A contract is said to be breached when one party performs defectively, differently from the agreement, or not at all (actual breach), or indicates in advance that they will not be performing as agreed (anticipatory breach).

FIDIC 99 Redbook - A commentary and a practical guide to Sub-Clause 12.3 [Evaluation]

FIDIC Redbook 99 is a remeasured contract Sub-Clause 12.3 requires the Engineer to agree and/or determine the Contract Price by applying the appropriate rate and measurement for each item of work. This covers star rates, principle of similarity and many more topics.

Difference Between Contract Termination vs Rescission vs Repudiation

Contracts are normally complete when its parties have performed its terms. However, in some cases, contracts can come to an end in other ways. There are many ways to end a contract without being completed. Common ways to terminate a contract are rescission and repudiation. It is important to know the difference in the reasons and effects of a contract repudiation and rescission.

Section of the Works in FIDIC 99 Redbook

FIDIC 99 Redbook Conditions of Contract allows the parts of the Works to be specified as "Sections". Sections are defined in Sub-Clause 1.1.5.6 of the General Conditions of Contract as a part of the Works specified in the Appendix to Tender as a Section (if any).

Top Clauses and Phrases to Look Out for in Construction Contracts

Behind the relatively simple contract agreement, construction contracts consist of many long, complicated and boring documents that parties neglect to study the contract documents in detail. ere are some of the most important construction contract clauses that you need to look out for

Construction Claims are NOT Personal Issues, but are Symptoms of Unresolved Issues

It is quite common to take a claim submitted by a contractor personally and consider it a big issue, while labelling a contractor who claims his rights under the contract as a "claim-oriented" contractor, which is perceived as a bad thing. However, claims in a construction project is not the issue, it is merely a symptom of early and unresolved errors.

Contract Administration Course - Part 3 - Introduction to FIDIC

This article is the third part of the contract administration course, which discuss the basics of construction contract administration.

Contract Administration Course - Part 2 - Tendering

This article is the second part of the contract administration course, which discuss the basics of construction contract administration.

Contract Administration Course - Part 1 - Contracts

This article is the first part of the contract administration course, which discuss the basics of construction contract administration.

Construction Claims - How to Prepare and Avoid Claims

Construction claims are an integral part of most construction projects. Virtually all projects have a claim arise between the contract parties. Therefore, preparing and reviewing claims is a very important and critical task of a competent contract administrator. Claims may arise due to delays, design changes, unforeseen conditions, exceptionally adverse weather or other conflicts. Almost all claims are made to recover additional costs or grant an extension of time to the contractor or recover liquidated damages for the employer.

Contractor's Extension of Time - FIDIC Red Book 99 - Clause 8

It is inevitable that a Contractor will suffer delays while executing and completing the Works, and more often than not, finish the Works after the Time for Completion. This means that the Employer is entitled to deduct delay damages (liquidated damages) from the Contractor due to such delays. These delay damages are pre-agreed and calculated damages that should accurately represent the damages the Employer will bear due to the Contractor's delays.

7 Tips How to Write a Better Contractual Correspondence

Letters are the most important record documents for any construction project. These correspondences open a window on what happened in detail during each phase of the project. Therefore, they are relied upon during claims and arbitration, and as such, they should be drafted with utmost care to make it count when it is needed. Here are 7 tips on how to write a better, more effective letter during a construction project's contract administration.

FIDIC Redbook 99 - Clauses Cross-References

Drafting particular conditions for a FIDIC contract is a daunting task. Many times, a seemingly minor change can trigger a domino effect of changes in other Sub-Clauses.

FIDIC Redbook 2017 vs 99 - Top 11 Changes

FIDIC Redbook 99 is the go to conditions of contract in construction projects of works designed by the Employer in Egypt and perhaps all across the world. The new 2017 edition of the FIDIC contracts is of extreme importance to Employers, Engineers and Contractors as this new edition treats many of the issues of its predecessor.

FIDIC 99 Rainbow Contracts Suite - Choosing the Right FIDIC

Most Common Causes of Construction Disputes in the Middle East

5 Tips to Be a Better Contract Administrator

Importance, Role and Duties of the Contract Administrator

The role of a contract administrator (CA) in construction is critical and of underrated importance, usually tasked in ensuring that the execution of the contract is in compliance with the provisions of the contract, and to quickly solve problems (along with other team members) in line with the contract's mechanisms and requirements.

FIDIC Red Book 99 Clause 15 and the Notice to Correct

Clause 15 is a very important and dangerous clause. It deals with the topic of termination by the Employer. The Red Book gives the Employer the right to terminate on seven grounds, six of which are stated in Sub-Clause 15.2, while the other is termination for convenience, stated in Sub-Clause 15.5.

7 Common Contract Clauses in Construction Contracts

A contract clause is a specific provision in a contract that addresses a specific aspect related to the contract agreement. Contract clauses basically define the duties, rights,privileges and allocates risk to the parties under the contract.

Introducing the Golden Principles of FIDIC 2017

FIDIC contracts are the most common forms of contracts used in Egypt and many other countries. The flexible, fair and balanced suite of FIDIC 1999 contracts are usually the go to form of contract.

What Makes a Successful Construction Claim?

A construction claim is simply an assertion of a parties right under contract or law. Claims are very common in construction industry, and claims made by a contractor usually equates to a considerable amounts of money/time.

Common Types of Construction Claims

A claim is simply an assertion of a party's right under the contract or law. In construction, claims are more often about either time or cost, or a combination of both. Some of the common construction claims are discussed here.

Delayed Contractor's Payments Under FIDIC Redbook 99

Most contractors will suffer the inevitable event of having their payments delayed, as employers look to hang on to their monies for as long as possible. They may want to benefit from additional interest, or just want to take more value from the contractor against what they pay them.

Delayed Engineer's Response Potential Claim Under FIDIC 99 Redbook

Typical Sequences and Notices under FIDIC Red Book 99

FIDIC contracts contains lots of sequences and processes to ensure smooth performance of the contractual obligations of all parties of the contract.

Contractor's Entitlement to Additional Time or Cost Under FIDIC Red Book 99

As the FIDIC contracts allocates risks and obligations to the parties, it entitles the contractor to claim an extension to the Time for Completion or additional cost and/or profit for "Employer Risk Events", i.e., events that aren't attributable to the Contractor. Here is a list of all the provisions under FIDIC red book 99 that entitles the contractor to an extension of time and/or additional cost or cost plus profit.

Definition of Remedy vs Make Good Under FIDIC Contracts

FIDIC contracts usually mention "make good" a failure or defect or "remedy" it. In Sub-Clause 15.1 [Notice to Correct] both words are mentioned in the requirement of the notice to correct the Engineer is entitled to send to the Contractor.

Contractor's Obligations under FIDIC Red Book 99

The FIDIC Conditions of Contract "Red Book 99" places a lot of obligations and responsibilities on the Contractor in performing the Works under the Contract.

Free Download - Glossary of FIDIC terms

The FIDIC suite of contract templates is one of the most commonly used contracts in the construction industry around the world. Established in 1913, FIDIC stands for ?Federation Internationale des Ingenieurs - Conseils?, which is best translated from French as The International Federation of Consulting Engineers.