Author: EAY GLOBAL

“Under various circumstances, prolonged suspension allows the Contractor to treat suspension as an omission.” In our case; the Engineer instructs the Contractor to suspend a part of the Works. The Contractor stops the related part of the Works. During the suspension period, the Contractor fulfills its duty to protect and secure the Works. Considering that […]

“Not having a valid ground while terminating a Construction Contract will significantly affect your legal position.” The majority of standard form of construction contracts contain provisions to regulate the rights of parties to terminate the Contract in defined circumstances. Termination is a serious step. Termination brings the risk of additional delay and costs in the […]

“Variations are common and inevitable in most of the Construction Projects. Well defined “Variation Procedure” adds value to the performance of the project.” Whether the construction project is small or large, variations frequently occur. The existence of the variation increases the probability of the future disputes. To minimize that, you have to define the “Variation […]

“One of the most important risks that occur in Construction Contracts is the difference between the existing and the expected ground conditions.” The Contractor encounters unforeseen adverse ground conditions. To inform the Engineer, the Contractor gives a Notice describing the negative effects of the ground conditions. The Engineer investigates the situation and instructs the Contractor […]

“Under various circumstances, Prolonged Suspension allows the Contractor to Terminate the Contract.” The Engineer instructs the Contractor to suspend the Works in accordance with Sub-Clause 8.8 [Suspension of Work]. Despite not having responsibility, the Contractor suspends the Works in line with the Engineer’s Instruction. During the suspension, the Contractor protects the Work against any deterioration, […]

“Taking-Over is one of the most critical parts of a Construction Project. Well-managed taking-over process will minimise the potential for disputes.” The Employer can use any part of the Works, after the Taking-Over Certificate is issued for this part. There are only two exceptions for this. A temporary measure or an existence of an agreement. […]