Executive Summary Smaller firms in the construction industry face higher risks of losing disputes, not due to lack of technical skill, but because of weak contract awareness, poor documentation, financial pressures, and limited access to expert support. By investing in contract review, maintaining strong records, training project teams, and engaging [...]
Executive Summary Disputes in construction rarely emerge suddenly; these develop gradually due to overlooked risks, unclear communication, or delayed action. An Early Warning System (EWS) provides a structured way to identify and address issues before these escalate into conflicts. By combining risk registers, timely notices, and collaborative mitigation strategies, EWS [...]
Executive Summary Ambiguous clauses in construction contracts are among the leading causes of disputes. Poor drafting, inconsistent documents, or inadequate reviews often create uncertainty around obligations such as completion, variations, or force majeure. This guide highlights the common causes of ambiguity and provides practical steps to interpret and manage unclear [...]
Executive Summary In Sub-Saharan Africa, “back-to-back” contracting is widely used to align subcontract terms with the main contract. While this approach appears efficient, it often hides serious risks: disproportionate obligations for subcontractors, exposure to delayed payments, and vulnerability to termination linked to disputes beyond their control. This article explains the [...]
Executive Summary Subcontracts are not just paperwork, these are risk management tools. Poorly drafted agreements are one of the biggest sources of disputes in construction projects. The key principle is that Subcontracts should generally mirror the main contract (“back-to-back”), unless consciously adjusted. This article highlights six critical points subcontractors and [...]
Executive Summary In the construction industry, claims are not confrontations, these are contractual rights. Yet, many project managers hesitate to submit these, even when clearly entitled. This hesitation often stems from fear of being held accountable within their internal systems for getting claims paid, misconceptions about damaging client relationships, lack [...]
Executive Summary Subcontractors are vital players in construction projects, delivering specialized works and services. Yet, in the rush to secure new opportunities, many expose themselves to hidden risks buried in subcontract agreements. Key risks include “back-to-back” liability with the main contract, unclear payment terms, vague variation procedures, disproportionate liability obligations, [...]
Executive Summary Most disputes, cost overruns, and project delays in construction don’t begin on site, these start much earlier. Two critical windows often overlooked are: 1. The Pre-Contract Phase, where rushed reviews and weak negotiations lock Contractors into risky terms.2. The Post-Signing & Pre-Commencement Phase, where poor notices, weak records, [...]
Executive Summary FIDIC contracts are widely used in global infrastructure projects. While these offer a balanced framework, many Contractors and Employers misuse these, or fail to apply these properly, leading to costly disputes and financial losses. This article highlights 10 common mistakes in FIDIC-based contracts and provides practical strategies to [...]
Executive Summary Notice clauses are among the most underestimated provisions in construction contracts. Yet, failure to comply with these often leads to the forfeiture of valid claims, particularly in regions like Africa and the Middle East where informal communication is common. This article explains what notice clauses require, why these [...]