This article analyses whether companies of the same group can participate to and compete against each other in the same public tender and what are the consequences and best practices.
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.
Even a profitable construction project can cause financial problems if the cash flow is negative. This post analyses some of the causes of negative cash flow – procedural rules, Customer’s approvals, Contractor’s mistakes – and some best practices to improve. AfiTaC will publish further and deeper on this subject so stay tuned!
Arbitration is becoming more efficient and transparent and less expensive thanks to recent revisions to the ICC Rules of Arbitration. The ICC Court has introduced rules for expedited arbitration procedures for small claims. Read the article for more information.
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.
On the road to achieving your company’s outcomes, some hurdles have to be taken. Contract Risk Scoring tools are there to identify the commercial & contractual hurdles that may stop you from achieving your outcomes. They allow you to take consistent decisions: Go/No Go decisions, mitigation actions, acceptable liability levels, provisions, margin levels etc. Please read this post for more details.
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.
The World Bank recognizes that accepting Abnormally Low Bids and Proposals can put the contract in jeopardy: increased overall costs, contract delays or even the collapse of a contract. Consequently, WB has given its guidance. The new methodology described in this post provides Borrowers with a structured approach to address the issue of ALBs.
Package deals are a powerful approach to resolve, in one go, a substantial number of issues during a contract negotiation. They are a “must have” in the toolbox of an efficient negotiator. In the post here below, we have analysed some important aspects around initiative, timing and presentation of such deals.
Contract Risk Scoring is a hot topic. IACCM is actively promoting it. But, as this subject is quite new for many of us, we’ll all have a couple of questions. Here below we provide the answers to the most asked questions on the topic.