Advocates, Attorneys and Consultants providing legal advice, support and dispute resolution services exclusively to the industries of:

  • Construction;
  • Mining;
  • Engineering;
  • Energy;
  • Technology;
  • Oil and gas;

In cooperation with Al Bannai & Company and Tiefenthaler Africa.

Archer Marks Blog

Archive for the ‘Construction Law’ Category

Good Faith

The laws of the United Arab Emirates (“UAE”) impose obligations upon contracting parties that are in most cases additional to those obligations set out in the express terms of a contract. Article 246 of the Federal Law No.5 of 1985 issuing the civil transaction law for UAE (“Civil Code”) stipulates that a contract shall not be restricted to the obligations of the contracting parties to ...

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Liquidated Damages: FIDIC Red Book 1999

Sometimes the best defence is a good offense Even the simplest project has the inherent risk of being delivered after the time for completion stipulated at the conclusion of the contract. Contractors’ whose contract completion dates have come and gone should keep the following contractual defences and challenges in mind when faced with claims for delay damages. In terms of sub-clause 8.7 ...

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Contractor’s Obligations as to Quality of Materials and Workmanship

Quality of Materials Article 875 of the Civil Transaction Law (Federal Law no. 5 of 1985) stipulates that if a contractor is obliged to supply materials then the contractor is responsible to supply materials of good quality according to the conditions of contract and, if not specified, according to the prevailing custom. This obligation imposed by the law amounts to an undertaking by the contr...

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Arbitration agreements and powers of attorneys

In the construction industry, the parties mainly include provisions in the construction contract to have disputes between them resolved through another alternative than the court i.e. arbitration. The parties to such contracts are mostly represented by a representative, authorised by way of either general or special (in the event it is restricted to a specific matter) power of attorney. Authority...

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Subcontracting in United Arab Emirates

Employers in the United Arab Emirates prefer to enter into a contract with one main contractor for the whole of the works rather than to have several separate contracts for the performance of separate segments of works. However, main contractors rarely carry out the whole of the works themselves and, in general, engage one or more subcontractors to carry out portions or even the whole of the works...

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