The stereotype is that Contractors are just claim machines. Time bars play an important role in this. This post and the music of Muse allow us to rethink our ways of working on claims & time bars in a positive atmosphere outside of the day-to-day projects.
Contract Management, in general, and liquidated damages, in particular, are serious subjects. Still, in this post, we manage to think about delay LDs drawing from Natalie Imbruglia’s “Torn”: genuine pré-estimate, sole remedies, rates & caps etc.
It has become common practice in many jurisdictions for parties to split construction contracts with an international element. The split structure is intended to provide a reduced tax exposure for the contractor and a resulting pricing benefit for the employer. This article gives an interesting overview of potential additional burdens and risks of a tax split.
The ICC Rules of Arbitration are the most widely-used institutional arbitral rules in the world, especially in relation to international construction and energy disputes. The 2012 Rules explicitly require both the arbitrators and the parties to “make every effort to conduct the arbitration in an expeditious and cost-effective manner”. Entirely new provisions relate to the emergency arbitrators, case management, and multi-party arbitrations.
What is the best way for a Subcontractor to handle a delay in the start-up of its site works?
This post analyses this, step-by-step.