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Introduction The triple constraints in project management include quality, cost and time. Each project’s objective is to be successful within this triple constraint. Quality management on construction projects includes managing aspects of design, workmanship and materials which all interact in order to create the final product. In the face of defects, there is always a…
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Introduction Arbitration is always presented as an Alternative Dispute Resolution (ADR) mechanism where parties do not have to go to court to resolve a dispute and rather submit the dispute to a neutral third party who renders an award. The key question that arises then is whether the courts have a role in arbitration and…
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Introduction Recently, Members of Parliament in Uganda were denied entry into a construction site of the Lubowa Specialized Hospital under the pretext that the Members of Parliament were visitors who did not have unfettered access to the construction site. This sparked debate across different platforms where the tax payers were struggling to understand why the…
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Introduction Adjudication is an Alternative Dispute Resolution (ADR) mechanism where an independent neutral third party makes a decision on a dispute between parties. The decision is temporarily binding. The adjudicator acts in an intermediate capacity on the spectrum between expert determination and arbitration. Adjudication is a common method of dispute resolution in the construction industry…
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Introduction Variations -often referred to as changes- provide the biggest headaches to the Contract Administrator, who is also referred to as the Architect, Project Manager or Engineer, on construction projects. The 2022 King’s College London Report on the Construction Industry pointed out one of the leading causes of disputes as changes (variations) by the client.…
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Following the outlook into common law on the appraisal of a Contractor’s tortious liability under the tort of negligence in the previous article which can be found here: https://blog.cg.co.ug/appraising-contractors-tortious-liability-under-the-tort-of-negligence/ ,it is important to contrast that with civil jurisdictions like France, Germany or Saudi Arabia among others. How different would the Contractors tortious liability be under…
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Introduction In the recent consolidated cases of Paul and another v Royal Wolverhampton NHS Trust, Polmear and another v Royal Cornwall Hospitals NHS Trust and Purchase v Ahmed, the Supreme Court of the UK has held that a Contractor owes a duty of care to an Employer in relation to building defects-arising from design, construction…
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Introduction A recent judgement delivered on 23 February 2023 in the High Court of Uganda in a case between The Attorney General of the Republic of Uganda (Applicant) v Networth Consult Co. Limited (Respondent) went to the heart of discussing the nature of an arbitration agreement and what constitutes a pathological clause. As a result,…
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Delay Analysis is a contentious issue in claims arising out of construction projects. Often time, there is an argument over the correct or more correct analysis method for delay analysis. The Society of Construction Law Delay and Disruption Protocol (‘SCL Protocol’) sets out the following differing methods of delay analysis that can be used to…
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Introduction As the cost of materials, transportation and labor rise globally, construction projects are feeling the bite of evaporating margins, constrained cashflow, and extended lead times. Moving into a post-COVID operational environment, after a long (and continuing) period of reconciliation regarding COVID costs and delays, price escalation is becoming an urgent issue for global construction.…
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Seismicity of Uganda Uganda is situated between seismically active branches of the East African Rift System, The Western Rift (stretching from Aswa Fault Zone in the North to Lake Tanganyika in the South), and the Eastern Rift (stretching from Lake Turkana in the North to Lake Eyasi in the South) according to the Uganda Geological…
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Introduction I was privileged to attend the first mediation conference hosted by the Chartered Institute of Arbitrators’ Kenya Branch on 28th October 2022 in Nairobi with the theme “Coming of Age for Mediation: An encounter from Africa”. Notable amongst the speakers was Jane Gunn, the President of the Chartered Institute of Arbitrators (UK), Owek. Chris…
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