An employer may be entitled to terminate a contract if the contractor has failed to proceed with the works “regularly and diligently”. However, what does that phrase mean? There was… Read More What is the meaning of “regularly and diligently”?
If construction works have been certified by a QS, and it was subsequently found that these works were defective, can the QS be held liable for the over-certification? A case… Read More Can a QS be liable for over-certification of defective works?
Adjudication under CIPAA encompasses the concept of “pay now, argue later”. Consequently, the entire process if oftentimes seen to be favorable to the unpaid party. For example, a contractor may… Read More Can a winding-up petition be used to claim for an adjudicated sum without an enforcement order?
Contractors rely on interim payment certificates to provide the essential cash-flow for their projects. A contract would ordinarily stipulate the interval in which progress claims are made, certificates are issued,… Read More Can a payment certificate be revised?
Sometimes, in an attempt to procure a contract, contractors under-price certain items in the Tender BQ. This could have been done perhaps because the contractor estimated that the said items… Read More The danger of under-pricing quantities
Usually, progress payments would provide for works carried out and materials on-site. But what if the materials are already manufactured but have not been transported on-site? Should payments be made… Read More Should payment be made for materials off-site?
Oftentimes, one would come across the term “consequential loss” in contracts. What in the world is that? For example: a. A main contractor has entered into an agreement to lease… Read More What in the world is “consequential loss”?
The world of construction disputes is not only occupied by arbitrators, adjudicators and lawyers, but also encompass claims consultants. Claims consultants come with a myriad of backgrounds and experience. Some… Read More Can claims consultants be liable for deficient legal advice?
When a claim is mounted, whether in litigation, arbitration or by way of CIPAA proceedings, obviously there would be hard costs involved. These would include costs paid to consultants, lawyers,… Read More Claiming for managerial time to prepare a claim
Condition 11.7(a) of the PAM Form (2006) requires the Contractor to give written notice of its intention to claim for additional expenses together with an initial estimate duly supported by… Read More Overcoming CP requirements for expense claims