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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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Introduction Construction projects have peculiar characteristics unlike other commercial transactions and these characteristics result in construction projects being particularly sensitive to a large spectrum of risks. The prevailing influencing factor is the parties themselves. International construction projects for example, involve parties from differing cultural and legal backgrounds who bring with them their own ideas of…
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Introduction The construction industry is a major contributor to economic growth worldwide. In a Report of Economic Consultants LEK for the UK Contractors Group, it has been estimated that in the United Kingdom, every £1 investment in construction output generates £2.84 in total economic activity. In Uganda, conservative estimates from the Uganda Bureau of Statistics…
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