Construction Management Guide

The majority of respondents pointed to improper planning and methodology (78 per cent), lack of communication (75 percent), and unrealistic target completion dates (67 percent) as the top three contributing factors to project failure. They also identified inadequate commitment and involvement from senior management (59 percent), insufficient budgets and resources (56 percent), too many assumptions and unknowns (51 percent), project politics and conflicts (38 percent), lack of set targets or measurable results (45 percent), and the formation of the wrong project team (27 percent) as other major causes. (Read more..)

Not everyone believes in project managers. Some common complaints include:

• They focus on planning and processes, and in the end, don’t produce anything of value.
• They speak using business and project management double-talk, and produce only papers, charts,
  graphs, analysis, etc, to justify why no actual product was going into production.
• They have a lack of real experience in the subject area, and they do not know how to actually build a final deliverable. (Read more..)

by Sarah Thomas

I am a contractor working on a wastewater project in Eastern Europe, using the FIDIC Yellow Book –Design & Build. Vol.3 of our contract contains the following clause:

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by George Burn

Post prepared by Karina Chichkanova (Partner, Head of Salans’ St. Petersburg Real Estate Group) and Galina Pashkovskaya (Associate)

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by John Bishop

Monday was a public holiday in China, to celebrate Qing Ming, the Chinese tomb-sweeping festival which also happily coincided with Easter. I spent some time explaining to my Chinese friends the Easter story, and how in recent times there have been other interpretations involving bunnies and chocolate eggs.

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by Andrew Ness

When forced to litigate in the U.S., many businesses – especially multinational ones – prefer to be in federal rather than state court. The U.S. Supreme Court just made it a bit easier to fulfill that desire.

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by Andrew Ness

The U.S. has been a staunch supporter of arbitration since 1925, when the U.S. Arbitration Act became law. The Arbitration Act makes arbitration agreements binding and simple to enforce, without significant exception. Rather suddenly, a substantial backlash against mandatory arbitration has appeared on the scene. One of the clearest indicators is the proposed Arbitration Fairness Act (H.R. 1020) that was introduced in the House of Representatives in February of 2009, and is still very much in play. While the anger is not directed at construction dispute arbitration, the concern is that commercial arbitration will end up being limited in important ways, as well as mandatory arbitration schemes where the use of arbitration is seen as one-sided and unfair.

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by Matthias Scherer

Contractors and suppliers operating abroad often conclude contracts with agents, consultants and other intermediaries who assist them in tender processes as well as in negotiating and performing contracts. Typically, these consultancy agreements provide that disputes are to be submitted to arbitration. Most disputes concern the consultants’ entitlement to a fee. In these disputes, the principal often argues that the contract was illegal under the applicable law. This notably occurred in two cases which led to two recent decisions of the Swiss Federal Supreme Court on applications to set aside or revise arbitral awards.

In the first case, a Swiss and a Taiwanese party had entered into a consultancy agreement in respect of a contract which the Swiss party wished to obtain for managing and maintaining an electricity plant in Taiwan. On the basis of the agreement, the Taiwanese consultant later initiated arbitration under the Swiss Rules of International Arbitration to obtain payment of his fees. The arbitral tribunal found in a partial award that the consultancy agreement was valid.

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AMMAN – The vast majority of new buildings constructed in the Kingdom, excluding the capital, do not comply with the National Building Code (NBC), according to the Jordan Engineers Association (JEA).
Stressing that failure to follow regulations puts the safety of buildings at risk in the event of major earthquakes, Mahmoud Subhi, head of the JEA’s technical affairs and engineering supervision committee, told The Jordan Times in a recent interview that citizens are obligated to comply with the NBC. (Read more..)

by Mark Raymont
In recent years, the Middle East has proved to be one of the most attractive construction and engineering markets in the world for international contractors. Notwithstanding the present global economic climate, parts of the Middle East continue to present significant opportunities and many global construction contractors are active in the region. Among the most prominent are construction contractors who are head-quartered in the Asia Pacific area, as is illustrated by some of the more high-profile projects in the Middle East, where construction contractor consortia have include many of the major Japanese and South Korean construction firms. (Read more..)