Tuesday, May 13, 2014

Quantum meruit and its scope

Quantum meruit and its scope

Quantum meruit and its scope The basic principle under English law for claims under quantum meruit is that the employer will have a duty to pay the fair value of or, reasonable remuneration for, the work performed. ADAM WEBSTER* compares the provision with the UAE Civil Code. Quantum...

Monday, May 12, 2014

Assignment and novation

Assignment and novation

Assignment and novation Assignment Assignment involves the transfer of an interest or benefit from one person to another. However the 'burden', or obligations, under a contract cannot be transferred. Assignment in construction contracts As noted above only the benefits of a contract can be assigned - not the...

Tuesday, March 18, 2014

Online CPD Certificates  -  Session 02

Online CPD Certificates - Session 02

Dear Members,  As part of continuing support and knowledge sharing within  the Sri Lankan Quantity Surveyors, we are proud to announce the launch of on line CPD certificates to attendees of Our Qs Class. By issuing CPD certificate we are completing the cycle of our CPD sessions. Now...

Sunday, March 16, 2014

Insurance in construction contracts: a few things to know

Insurance in construction contracts: a few things to know

There are many risks in any construction project. The majority of these risks are usually assumed (and priced) by the contractor during the construction phase, who typically covers this exposure by taking out various insurance policies. Insurance in construction contracts can be complicated and the purpose of this...

Wednesday, February 19, 2014

Methods of Measurements - Lesson 04

Methods of Measurements - Lesson 04

How to measure excavation as per CESMM3 Excavation is measured by volume and the quantities are given in the Bill of Quantities in m3. Description features for excavation and a summary of the CESMM notes are given in Table 1. Excavation is measured the net size of the...

Tuesday, February 18, 2014

Procurement & Tendering - Lesson 04

Procurement & Tendering - Lesson 04

Advantages of Design & Build Contracts ·         Single point contract, one stop – shop approach ·         Design risks passed to the contractor ·         Speedy execution ·         Contractor’s specialist knowledge – more efficiency (design and experience together) ·         Specialist scopes ·         Minimum variations ·         More cost certainty ·         Minimum supervision cost   ·         Opportunity for innovation ·         Minimum risk...

Sunday, February 16, 2014

FIDIC Conditions Explained - Lesson 03

FIDIC Conditions Explained - Lesson 03

Engineer’s Role – 1987 v 1999 Red Book FIDIC 1987-Fourth Edition-Clause 2.1-Engineer’s Duties and Authority (a)  The Engineer shall carry out the duties specified in the Contract. (b) The Engineer may exercise the authority specified in or necessarily to be implied from the Contract, provided however that if...
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Contract law

Article 273

Force Majeure in UAE Civil Code

In contracts binding on both parties, if force majeure supervenes which makes the performance of the contract impossible, the corresponding obligation shall cease, and the contract shall be automatically cancelled.

A force majeure event excuses the effected party from continuing to perform its obligation

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