The termination of a construction contract is one of the most powerful remedies an employer has against a contractor, especially when the contractor is in default.[1] There are numerous different situations in which the employer or, less frequently, the contractor, might have to resort to contract termination. Most commonly, a party resorts to termination due […]
Construction Arbitration
Variation Claims in International Arbitration
Variation claims in international arbitrations involving construction are common. Over the course of a construction project, it is not rare for a project to undergo changes. This might arise because the employer needs to change the original scope of work that can no longer be carried out after starting the project, or the contractor discovers […]
Global Claims in Construction Arbitration
Global claims, also known as “total cost claims” or “composite claims”, commonly arise in construction disputes and international arbitrations, especially in cases where projects have been delayed. Global claims are claims advanced by contractors without attempting to substantiate cause and the effect. In the words of the leading commentators on construction contracts (Keating on Construction […]
Disruption Claims in International Arbitration
Disruption claims are a common feature of most international construction arbitrations, as everyone involved in construction disputes and international arbitration knows. They are also one of the most difficult claims to succeed upon, as they are often mixed or appear in parallel with prolongation claims, also known as delay claims. Even though routinely made by […]
FIDIC Dispute Resolution Mechanism
In December 2017, the Fédération Internationale Des Ingénieurs-Conseils, more commonly known as FIDIC, released a revised version of the FIDIC Conditions of Contract (Second edition)(the “2017 FIDIC Contracts”),[1] introducing some notable changes to the dispute resolution mechanism in comparison to the well-worn 1999 edition.[2] The 2017 FIDIC Contracts maintain the already well known multi-tiered approach […]
Aceris Law Successfully Resolves Another ICC Construction Arbitration
Aceris Law LLC is pleased to announce that it has successfully resolved another ICC arbitration for another well-deserving client, shortly after securing a USD 34.5 million arbitration award for a different client. The arbitration, which had it seat in London, was governed by the laws of Saudi Arabia and concerned construction works related to a […]
International Construction Arbitration in the Middle East
The construction industry is a leading economic sector in the Middle East, where a large number of infrastructure projects worth billions of dollars are commenced each year. Construction disputes are inevitable due to activity in the construction industry and arbitration is the preferred dispute resolution mechanism for such disputes, especially for foreign parties. Construction disputes […]
Overheads and Profit Claims in Construction Arbitration
Claims for lost overheads and profit are common in construction arbitrations involving delay and disruption. When the completion of the Works in question was caused by the Employer’s delay, Contractors often include a claim for lost contribution to head office overheads and the lost opportunity to earn profit (either on the project which is the […]
Bank Guarantees and Arbitration: Resisting a Wrongful Call?
Bank Guarantees are a common feature of international construction contracts. Bank Guarantees are typically used as a security for one party’s (usually the contractor’s) performance of its contractual obligations. Bank Guarantees frequently play a central role in construction disputes as well – either as an important aspect of background facts of the dispute or as […]
