The news of the requested standstill period for Dubai World debt repayments has left those of us who advise on Public Private Partnership (PPP) projects in the region wondering what it will mean for us……
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Archive for November, 2009
Dubai World restructuring and PPPs in the Gulf
Freedom of contract meets its match: Pay If Paid Clauses
Cash-flow from lender to owner to construction manager to subcontractors is the lifeblood of any construction project. And maintaining a sufficient flow of funds is essential to every construction manager’s ability to manage the job. Contract provisions requiring a contractor or subcontractor to continue to work, even if the right to payment is disputed, mean [...] read more »
How “Fit” is your Contract?
As lawyers, we want what is best for our client. We will fight for that additional clause or that tricksy wording that will give our client that added protection that may, someday, prove decisive in an argument with the contractor or the employer.
One issue that lawyers often fight quite savagely over (but in that overly [...] read more »
Heading for India? Some Issues to Consider…
With construction activity in India now worth $50 billion per annum and accounting for around 6% of Indian GDP, India is an attractive market for contractors.
The construction sector in India employs around 40 million people. The granting of ‘industry’ status to the Indian construction industry by the Indian Government has resulted in fast track procurement [...] read more »
SA steel settlement hammers competition
ArcelorMittal South Africa’s announcement that it has reached an agreement with gold producers Harmony and DRDGold is a blow to construction contractors hoping for more competitively priced steel in the South African market.
The long-running dispute concerned the pricing of flat steel products and began in 2002 when the mining companies first lodged a complaint with [...] read more »
A Growing Trend in French Construction Law? The Recognition of Mandatory Rules by the Court of Cassation
In a judgment dated February 25, 2009 (Cour de cassation, civ. 3, 25 February 2009, No. P07-20.096), the Court of cassation, the highest court in the French judiciary, confirmed its previous decisions (Cour de cassation, chambre mixte, 30 November 2007, No. 06-14.006; Cour de cassation, 3e civ., 30 January 2008, No. 06-14.641) according to which [...] read more »
PPP Projects in Brazil: 1) Opportunities for the construction and engineering industries
Federal Law No. 11079, 2004 [PPP LAW] instituted the general rules for bidding and contracting of Public-Private Partnerships (PPPs) within the realm of public administration. This is an important volley in the Brazilian government efforts to develop funding and management alternatives for public works in furtherance of the bidding system instituted by the Federal Law [...] read more »
A Quirk in Enforcing Arbitral Awards in U.S. Courts
Enforcement of arbitration awards in the United States in substantial matters is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (FAA). A closely related statute found at 9 U.S.C. §§ 201-208 contains specific provisions for international awards rendered under the New York Convention, but the FAA also governs those proceedings unless [...] read more »
Tales of the Unexpected: Where Liability Lurks Unseen #2
Recap
The previous blog on this topic considered the potential for liability to be unwittingly assumed by parties to construction contracts. This was highlighted by the example of decennial liability under the UAE Civil Code. This blog considers another perhaps unknown liability: strict liability for harmful acts under UAE law, and considers whether parties [...] read more »
The End of Licensing of Construction Related Activities in Russia?
Important changes in licensing regulations for engineering surveys, design and construction works were introduced by Federal Law No 148-FZ dated July 22, 2008 on “Amendments to the Russian Town-Planning Code and some legislative acts of the Russian Federation”.
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