LEGAL
Adjudication: An alternative dispute resolution tool for construction companies
Throughout the project, there should be a conscious effort by all parties to reduce the amount of unresolved differences or ongoing disputes among them.
CONTRACTORS
Civil contracting amid the oil price dip in Qatar
In the field of construction, the oil price decline will likely impact the timing of payments to contractors. Once delayed, payments usually tend to get further delayed. (Image Arabian Eye/Corbis)
TECHNOLOGY
Q-BIM set up by BIM professionals and experts in Qatar
Where in the past, the requests for proposal for new work included vague references such as “delivery of the project must be in BIM”, we are beginning to see more explicit definitions of client and owner expectations. (Image Arabian Eye/Corbis)
Projects
Tackling the issues in Qatar’s construction industry
Although challenges in the construction sector remain, the government of Qatar is working towards improvement with steps such as the Qatar Construction Specifications 2014 and the recent labour reforms. (Image Damon McDonald)
TECHNOLOGY
Construction technology companies witness positive response at Project Qatar 2016
VWCP7535
Projects
Greater enthusiasm from visitors speeds up the momentum on day three at Project Qatar
Project Qatar, which is seeing increasing footfalls on its third day, is a good opportunity for visitors to get a glimpse of all the latest technologies and solutions available in the market.
SUSTAINABILITY
Taiwan stands out at Project Qatar 2016 as it unveils new eco-friendly building products coupled with an exclusive product launch
A delegation of Taiwanese company officials and the Green Trade Project Office Taiwan are introducing attendees to Taiwan’s smart products suited for Qatar’s building and infrastructure.
Projects
Project Qatar 2016 sees successful opening on its first day
His Excellency Sheikh Ahmed bin Jassim Al Thani, Minister of Economy and Commerce, inaugurating Project Qatar 2016 – the 13th International Construction Technology and Building Materials Exhibition in Doha.
CONTRACTORS
Project Qatar opens today with an expectation to host over 35,000 professional visitors
Being held at Doha Exhibition and Convention Center this year, Project Qatar is expected to have a large number of products and equipment launches during all four days.
HUMAN RESOURCES
Your checklist to career success in 2016
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TECHNOLOGY
Planning for 3D laser scanning in the construction sector
For relatively less complex projects, such as those built for residential purposes, implementation of 3D laser scanning requires less effort while providing a high level of efficiency.
PROJECT MANAGEMENT
The lowest-priced bid may mean the highest input from the employer
“Most projects do not meet planned deadlines and budgets and the employer is not fully informed of risk and its potential impact, particularly at the time that proposed variations are being considered,” says Abdulaziz Al Mulla – Astad Project Management’s chief commercial officer.
LEGAL
Unincorporated joint ventures: What precautions need to be taken
While UJVs may appear a simple, hassle-free corporate structure, they are not without their complexities. (Image Flickr/드림포유)
FINANCE
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Just like other regional countries, Qatar’s construction sector has been impacted by the oil price dip, making it difficult for companies and contractors to perform due to a liquidity crunch in the market.
LEGAL
Direct claims may be subcontractors’ lifeline when the contractor won’t pay
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CONTRACTORS
The impact of a volatile oil market on construction contracts
A general view of cranes and building works during the construction and refurbishment of the Khalifa International Stadium – the venue for the 2022 World Cup final. While projects linked to the World Cup are scheduled to continue with the same pace, other less crucial projects are expected to see delays if the oil price dip continues. (Image Getty Images)
SUSTAINABILITY
Green buildings: Moving beyond financial benefits
While many of the new regulations, policies, standards and codes are being developed, Meshal Al Shamari, director, Qatar Green Building Council says it is better for companies – whether developers, consultants or material trading companies – to be ready for the new regime of regulations.
LEGAL
A look into Qatar Construction Specifications 2014
Section 1 of QCS 2014 deals with the welfare, safety and protection of workers. The regulation sets out the minimum requirements for the provision of welfare facilities, in addition to other minimum health
and safety requirements.
CONTRACTORS
Qatar’s logistics and warehouse infrastructure receives boost
New economic zones that are coming up closest to Hamad International Airport (HIA) and Hamad Port will help ease pressure on the country’s old port. (Image Getty Images)
TECHNOLOGY
The industry is not yet clear on what BIM is
With his structural and infrastructural design career exceeding 10 years, Naoras Khalil – BIM manager at Al Darwish Engineering – has more than six years of experience in using BIM.
CONTRACTORS
Disruption claims: Counting the cost
Disruption is a product of lost productivity of a construction project. This can be caused by many reasons, such as labour’s lower productivity. (Image Arabian Eye/Corbis)
FITOUTS
Companies with legacy space will need to rethink their corporate real estate strategy
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SUSTAINABILITY
While the sun shines: Exploring solar opportunities for Qatar projects
By 2021, Qatar plans to generate at least two percent of its electricity via solar power. (Image Arabian Eye)
TECHNOLOGY
BIM in Qatar: The demand and supply scenario
BIM provides a virtual prototype through which the design may be refined and improved prior to the actual commencement of construction.
REAL ESTATE
Are Qatar’s residential rentals heading for a correction?
In The Pearl-Qatar, DTZ estimates that new supply of apartments is likely to increase by 30 to 40 percent in 2016 as up to 13 new towers in Porto Arabia and Viva Bahriya are near completion. (Image Foto Arabia)
LEGAL
Settling disputes in Qatar: The legal requirements
The settlement of disputes arising under a construction contract during the life of a project very often leads to an amendment to the original terms of the contract. (Image Rob Deutscher/Flickr)
EQUIPMENT
Qatar is a growing market for luxury transportation
Speaking with QCN, Mike Fritz, general manager, Bahrain, Oman and Qatar, FAMCO, said that the company has a huge portfolio in some countries, especially in the United Arab Emirates, and gradually it will add more products to its portfolio in Qatar.
SAFETY
Evaluating the strength of fire-damaged buildings
Depending on the duration and intensity of temperature, fire cannot only damage the surface but also the steel rebar inside thereby affecting the durability and longevity of buildings for future use. Pictured in the site at a Turkish restaurant which caught fire after a gas explosion in Doha in 2014. (Image Arabian Eye/Reuters)
INFRASTRUCTURE
Partial operations at Hamad Port expected to improve Qatar’s position amid GCC construction doubt
A ship sprays water during a ceremony marking partial opening of the Hamad Port in Mesaieed, Qatar. (Image Arabian Eye/Reuters)
INFRASTRUCTURE
Streamlining offshore construction with a modular approach
A modular approach to offshore construction can save time and money by reusing designs for similar projects. Pictured here is a drilling platform under construction.
CONTRACTORS
Killer contract clauses: Avoiding the trap of contingent payment terms
A typical project would involve at least a dozen of subcontractors working under the main contractor, and the numbers could be even more in the case of mega projects. (Image Arabian Eye/Corbis)
SUSTAINABILITY
Trash to treasure: Recycling construction waste in Qatar
Qatar has set up a target of recycling 38 percent of the country’s total solid waste by 2030, from the current figure of four percent.
HUMAN RESOURCES
Your guide to finding a job in Qatar
When looking for a job in Qatar, the length of a typical job search can last from three to six months. (Image Flickr/ kate hiscock)
PROJECT MANAGEMENT
Qatar – a country experiencing major civil engineering challenges and initiatives
Speaking with QCN, David Williams, lead director – Qatar, WSP l Parsons Brinckerhoff, says that the challenges of cutting edge engineering are confronted every day in Qatar, and that’s what makes the market so exciting.
INFRASTRUCTURE
Qatar reviews its construction for preparedness during rain
Streets across Doha, especially the ones in Al Waab area, were adversely affected by the recent rainfall in Qatar. Pictured here is a flooded street with drainage works under way. (Image Steve Adcock Photography)
LEGAL
Know your rights: Key provisions of the Labour Laws in Qatar
In Qatar, there are about 1.4 million migrant workers, most of whom are linked to the construction sector. (Image Arabian Eye/Corbis)
REAL ESTATE
Impacts of falling oil prices on Qatar’s real estate market
Recent redundancies in various oil and gas companies due to restructuring throughout the sector has created an increase in vacancy levels in the prime residential market over the last six months.(Image Mohamod Fasil/Flickr)
INFRASTRUCTURE
Qatar construction in 2015, 2016 and beyond
Based on its growth rate during 2014, BMI Research dubbed Qatar as the fastest growing construction market in the Gulf Cooperation Council. (Image FotoArabia)
PROJECT MANAGEMENT
Against the clock: Addressing delays in Qatar construction projects
To meet project deadlines, contractors in Qatar can get permit from the the Ministry of Municipality and Urban Planning allowing them to work 24/7 on crucial projects.
MEP
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In successfully delivering the 2022 World Cup, it is imperative for Qatar to abide by FIFA’s requirements for stadiums, which include both civil and MEP works. (Image Arabian Eye/Corbis)
MATERIALS
The dynamics of resin flooring in Qatar have changed over the last few years
According to Vik Vithlani, business development manager of Flowcrete Middle East, resin flooring can be accommodated in a wide range of budgets due to its extensive list of options.
HUMAN RESOURCES
What are A-players in Qatar looking for?
HUMAN RESOURCES
From project-based visas to regional transfers: Solutions to address Qatar’s labour shortage
For main contractors in Qatar, there are a number of routes available to procure labour. These include applying for new visas to hire people, partnering with local companies, and/or awarding parts of the work to subcontractors. (Image Arabian Eye)
TECHNOLOGY
Perfecting acoustics in Qatar’s schools
One of the problems linked to schools' acoustics in Qatar is the external noise, mostly coming from construction projects underway in the vicinity. (Image Foto Arabia)
INFRASTRUCTURE
On the safe side: Road safety audits in Qatar
Considering their benefits, Road Safety Audits should be seen as part of the design process rather than an addition to it.
LEGAL
Is your claim time-barred?
Qatari law provides that it is unlawful for a party to exercise its rights if the interest to be achieved is disproportionate to the loss to be suffered by the other party (Article 63 of Civil Code). (Image Flickr/24oranges.nl)
TECHNOLOGY
Regional greenfield projects to double in next two to three years
Qatar is among the front-runners in the Middle East to adopt many smart city practices, which include not only building greenfield projects but also integrating city infrastructure with the information and communication technology. (Image Fotoarabia)
SAFETY
Avoiding onsite disasters through safety training
(Flickr/John Maddin)
2022 WORLD CUP
Qatari construction stakeholders eye 2022 World Cup deadline amidst oil crisis
Even during this period of turbulently fluctuating oil prices, Qatari stakeholders are resolute to deliver their projects in time for 2022. (Image Flickr/Alexandru Panoiu)
TECHNOLOGY
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Among some of Qatar’s projects featuring advanced audio-visual technology is the Hamad International Airport. (Image Flickr/Jademattma)
2022 WORLD CUP
Ghost Towns: Will Qatar’s stadiums fall into disuse after 2022?
“Maintenance costs are far greater than initial construction costs on any given facility and that’s so much more true for stadiums.” – Andrew Seibel, vice president of Bobrick Washroom Equipment. (Image Arabian Eye/Corbis)
MATERIALS
Consultants typically drive the material standards and quality in Qatar
George Xydas, director and partner of Drywall Qatar, says that as most of the building materials are imported to Qatar, all entry points into the country are overwhelmed with the sheer volume of products that need to be transported and delivered to construction sites.
REAL ESTATE
From local to global: Standardising Qatar’s property market
While still under consideration in Qatar, the International Property Measurement Standards (IPMS) is receiving huge support in the United Arab Emirates, which was also the first government in the world to commit to adopt IPMS.
LEGAL
Barriers to accessing dispute resolution in construction contracts
The last few years have seen the development of escalation clauses in construction contracts in Qatar. There are now additional pre-conditions to referring a dispute to arbitration here. (Image Flickr/Lynn Lin)
TECHNOLOGY
Demonstrating extensions of time: Do We Need P6?
It is common to face delays in the construction of large-scale projects.  In Qatar, software such as P6 are increasingly being used to create extension of time documents in the event of delays.  (Image Arabian Eye/Corbis)
HVAC
2022 World Cup to change Qatar’s air-conditioning market
The Gulf Cooperation Council’s air-conditioning market is expected to increase by almost 3.5 percent. (Image Arabian Eye/Reuters)
MATERIALS
Growth of construction chemicals in Qatar reflects improving building standards
Broadly divided into three categories – construction system chemicals, admixture system chemicals and underground construction system chemicals – use of construction chemicals with primary building materials can significantly improve the quality of Qatar’s ongoing infrastructure projects such as airports, subways, tunnels, dams, highways, bridges, railway networks, and power plants, etcetera.
HUMAN RESOURCES
How to secure your job in a not-so-secure marketplace
77 percent of employers in the Gulf region, including Qatar, believe that online recruitment has facilitated their hiring processes. Another 69 percent say that first impressions matter a lot in a job interview.  (Image Flickr/Flazingo Photos)
SUSTAINABILITY
Four sustainable design philosophies Qatar needs today
Considering electricity is one of the key contributors towards hydrocarbons consumption in Qatar, curtailing it is on the government’s top agenda. With hot summer conditions and intense sunlight during the daytime, Qatar should consider incorporating built-in solar panels along the roofs of all developments.
HUMAN RESOURCES
A home away from home for Qatar’s migrant workers
Migrant workers walk back to their accommodation at Ezdan 40 compound after finishing work. (Image Getty Images)
INTERIORS
Green fit-outs do not appear to be high on the list of priorities in Qatar
Neil Robson, director and co-founder of Belle Harvey Interiors.
LEGAL
To pay or not to pay: Liquidated damages under Qatar Law
Qatar's Civil Code provides that the contractor will not be liable for liquidated damages if he establishes that the employer did not suffer any damage. (Image John Brawley/Flickr)
FINANCE
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With increasing demand for infrastructure development, governments in the GCC are looking to partner with the private sector for the skills and expertise to develop and execute projects, to bring efficiency in management of projects, and to provide employment for growing young populations. (Image Arabian Eye/Corbis)
REAL ESTATE
Qatar’s real estate registers impressive performance in H1
Qatar’s property market is currently driven by increased sales in the residential and developed land segments. (Image Damon McDonald)
INFRASTRUCTURE
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Qatar's road network should be designed based on the urban area that it covers, taking into account its function that may be industrial, residential or touristic, etcetera.
TECHNOLOGY
Gulf cities are vying to be smarter, more sustainable, and better connected
Qatar is the second most competitive economy in the Middle East. To maintain this, Ghassan Bharghouth, the executive president of Schneider Electric in Qatar, Kuwait and Bahrain, says that the country must continue investment on education, research, foreign trade, infrastructure and hospitality as these industries can benefit from smart solutions. (Image Fotoarabia)
SUSTAINABILITY
The noise and nuisance of construction in Doha
Construction noise is an inevitable reality in Doha, where massive construction is currently in progress. Some of the most common means of construction noise mitigation include noise barriers, acoustic enclosures, use of excavated soil as embankments, and conduction of noisy activities during the daytime in residential areas.
HUMAN RESOURCES
Qatar construction: The next generation
Having spent almost three decades in the construction industry, Al Jolo sounds passionate about the future of Qatar and the kind of role young Qataris can play for the country’s construction sector. 
(Image Syed Ameen Kader)
HUMAN RESOURCES
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According to Bayt.com's recent survey results, 58 percent of construction employers in Qatar say engineering experience is the most important thing they look for.(Image Flazingo Photos/Flickr)
CONTRACTORS
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HVAC
Qatar’s stadiums will need to be air-conditioned irrespective of the weather
The use of outdoor cooling is still not popular in Qatar, which, according to Mohamed Salem, is because of the inability of the traditional methods to work successfully in the open air. With advanced cooling solutions available now, the country can increase the overall attractiveness and useability of its open-air venues such as Katara’s Ampitheatre pictured here. (Image Isabell Schulz/Flickr)
LEGAL
Successful joint ventures: Avoiding internal disputes
A number of mega projects under construction in Qatar are operated through joint ventures. A successful joint venture often requires the partners to focus and agree on a few fundamental issues. (Image Joshua Davis/Flickr)
REAL ESTATE
Qatar’s Real Estate Development Law: A means toward an end
Among some of Qatar’s freehold properties open for foreign investors are the Zig Zag Towers located in The Pearl-Qatar, targeted towards the high-end residential market. (Image Damon McDonald/Flickr)
HUMAN RESOURCES
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Migrant workers wait for a bus in central Doha. Often, they travel long distance in non-AC vehicles to get to their workplaces in Qatar.
CONTRACTORS
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In a back-to-back contract, the rights, liabilities and interests of the contractor under the main contract are the same as rights, liabilities and interests of the subcontractor under the subcontract in relation to the subcontract’s scope.
REAL ESTATE
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UDC’s current priority is to complete all 10 precincts of The Pearl-Qatar while at the same time remain focused to core businesses such as sales, retail, facilities management, district cooling and assets management.
CONTRACTORS
Qatar’s construction market is currently focused on everything ‘mega’
Al Sraiya Holding Group’s vice chairman, Rashid Sraiya Al Kaabi says that as a diversified group they offer a range of integrated services delivered through one brand name.
TECHNOLOGY
BIM: Shaping the future of Qatar construction
“Today, the requirement for BIM is being written into contracts more and more, and the take-up has been extraordinary. But the need continues in Qatar for real education in BIM best practices,” says Andy Glyde, Bentley’s sales director, project delivery, EMEA and Turkey.
LEGAL
Assignment of rights in Qatar’s construction projects
Employers, contractors and consultants enter into various construction contracts, which sometimes need to be assigned or transferred to a third party in terms of rights, obligations or both. (Image Corbis)
CONTRACTORS
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Foundation works ongoing at Qatar's New Orbital Highway and Truck Route project. (Image Ashghal)
2022 WORLD CUP
Solution providers must invest and demonstrate a commitment to the Gulf
With more than 20 years of experience in the cabling/interconnect industry, Simon Cowley has held several engineering, product management, and engineering management positions with leading solution providers.
PROJECT MANAGEMENT
Place Vendôme: Qatar’s new mega project
As a luxury retail space, Place Vendôme will feature some of the leading fashion brands from across the world.
HUMAN RESOURCES
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Unlike other sectors such as oil and gas, most of the skilled and senior staff members in Qatar’s construction sector are expatriates coming from diverse parts of the world.
LEGAL
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FINANCE
Financing Qatar’s mega projects
For the last several years, Qatar has recorded significant budget surpluses, building up a diversified savings and investments portfolio both at home and around the world. (Image SeniorLiving.Org)
LEGAL
Construction law and legal practice in Qatar
Law and the contract terms are a consideration at every stage of a construction project. Navigated correctly, and with assistance from construction law specialists, parties to construction contracts should have clarity as to their role, the risks and their reward. (Image Mark Harkin/Flickr)
HUMAN RESOURCES
Labour reforms for Qatar’s future construction
As long as busloads of workers are transported from labour camps to work long hours in the Qatar's construction industry, improving labour relations remains a top priority.
MEP
High growth offering both risks and rewards to specialist subcontractors
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HVAC
Stakeholders’ engagement is crucial to the success of district cooling projects
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REAL ESTATE
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Land in Qatar has been marked by high prices and even higher levels of interest.
MATERIALS
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The Advanced Pipes and Casts Company’s plant recently launched in Qatar has an annual production capacity of 450,000 tonnes. (Image APC)
MATERIALS
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Construction continues unabated in Doha as Qatar prepares its infrastructure for the 2022 World Cup.
CONTRACTORS
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Thomas Cho is the country director of Samsung C&T Corporation in Qatar. He joined Samsung C&T in 1988. Cho has followed up on many large-scale projects in Singapore, Abu Dhabi and Mumbai.
LEGAL
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SUSTAINABILITY
Sustainability… for those who are not convinced
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TECHNOLOGY
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LEGAL
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CONTRACTORS
Cost entitlement for subcontractor prolongation in Qatar’s construction
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HUMAN RESOURCES
Construction skills, a new approach to human resources
With migrant workforces making up Qatar’s workforce, it is important to verify skills prior to workers leaving their home country.
HVAC
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LEGAL

Adjudication: An alternative dispute resolution tool for construction companies

Throughout the project, there should be a conscious effort by all parties to reduce the amount of unresolved differences or ongoing disputes among them.

Throughout the project, there should be a conscious effort by all parties to reduce the amount of unresolved differences or ongoing disputes among them.

As Qatar is seeing a large volume of construction being executed ahead of the 2022 World Cup and for the Qatar National Vision 2030, adjudication should be considered as a tool to aid the parties in managing and resolving the majority of their disputes as they arise, writes Sam Barakat – director of the Qatar branch of Rider Levett Bucknall.

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Qatar is entering into a challenging phase in its road towards the delivery of the 2022 World Cup and the delivery of its Qatar National Vision 2030. The unusually high volume of works to be completed – and the fast approaching and fixed deadlines – bring immediate challenges to the construction market.  

These challenges must now also be delivered within a market that must adapt to the new economic realities of a lower oil price and the subsequent budget pressures that this brings. This will normally have a significant impact on project strategies, feasibility expectations and access to working capital for stakeholders within the construction market. These new pressures may increase the difficulties many face in maintaining a healthy and consistent cash flow throughout the construction period. 

Successful delivery of these projects will require the effective collaboration of all stakeholders involved. This will be most effective within a project environment where parties can worry less about protecting their commercial interest and focus more on the completion of the works required. Much of the responsibility for the fostering of such an environment will fall with the employer (as well as the concerned authorities). This will include the use of contractual mechanisms and dispute resolution tools.

Most forms of contracts used in Qatar trace their origin to the International Federation of Consulting Engineers (FIDIC) suite of contracts. Yet these terms and conditions are amended substantially by a set of special conditions. Employers within Qatar have, over the years, made genuine attempts to improve their contract forms. However, the final drafts on the market are still considered by many to remain imbalanced in favour of the employers.  

The Qatar International Court and Dispute Resolution Centre has spent substantial time and effort in preparing draft adjudication rules for implementation within the local market.

The essential two questions to be addressed are as follows: (1) Are the parties reasonably protected under the contract or the Law; and (2) Are differences or disputes between the parties being resolved in a reasonable time?   

Employers in Qatar have continued generally to favour the traditional approach of contracting. I would describe this approach as a vertical contractual relationship between the parties. This relationship has a tendency to push much of the risk down the supply chain.  Such an approach is often unsuitable in reacting efficiently to changes or challenges arising throughout a construction project. This can often lead to delays in the resolution of project issues, that is a common cause of cash flow difficulties. Without a sustainable cash flow supporting the supply chain, these relationships have a tendency to exacerbate the friction between the parties. 

With the immovable deadlines associated with the 2022 World Cup approaching fast, it may be counterproductive for employers to experiment now with reformed forms of contract.  What could be done instead is for the parties to administer their contracts liberally, keeping in mind the importance of maintaining positive relationships between the parties involved in the project. At the very least, throughout the project, there should be a conscious effort by all parties to reduce the amount of unresolved differences or ongoing disputes among them. Adjudication as an alternative dispute resolution tool is designed to achieve just that.

The recognition that adjudication can play an important role in streamlining the Qatar construction market is not new to the country. The Qatar International Court and Dispute Resolution Centre (QICDRC) has spent substantial time and effort in preparing draft adjudication rules for implementation within the local market.

 Some of the key features of these rules are as follows:

• Disputes dealt with by either a sole adjudicator or a panel of three adjudicators.

• Strict timetable for submission of documents and issue of a decision. Each pleading to be supported by documentation limited to two-lever arch files.

• The decision is to be reached and delivered within 60 days. If the adjudicator fails to achieve this, they are deemed to have forfeited their right to payment. An extension can be granted if all parties agree or, in exceptional circumstances, by QICDRC.

• Adjudicator’s decision is binding on an interim basis and enforceable through the Qatar International Court (QIC) with cases being heard by a designated, specialist construction judge. The QIC is a national court of Qatar which is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

• Very limited scope for appeals against adjudicator’s decisions (serious irregularity or breach of the law).

Unfortunately, at the time of writing, the QICDRC draft adjudication rules have not been legislated, nor are there clear signs as to when these rules will be made into a legislation in the near future. Without the legislation support provided by the Qatari courts, the referral to adjudication becomes voluntary, and it takes away the advantage of having a local Qatari Court to supervise the process.  

Nevertheless, in cases where the employer is a government entity, existing tender laws allow the submission of voluntary adjudication or arbitration, provided that permission is granted from the Ministry of Finance, Qatar. 

 

Adjudication will not be effective if it is perceived by the parties to be a fighting arena where there is only one winner, and the other party is a loser.

In addition to the adjudication options discussed above, there remain other options in the market that the parties may wish to adopt to suit their needs. One example is the dispute board rules adopted by the FIDIC suites of contract. A decision by a dispute board is contractually binding until appealed in local courts or through arbitration.   

The popularity and use of dispute boards has been slow in the Middle East market. The cautious uptake of this may be the result of some bad examples of the process where the parties had little control over the conduct of the proceeding and it turned into a long and costly process. This should not discourage the consideration of this mechanism as a potentially effective process for dispute resolution.

As mentioned previously, the parties must remain focused on the reasons and objectives that lead them to adopting these processes to begin with. Adjudication will not be effective if it is perceived by the parties to be a fighting arena where there is only one winner (and the other party a loser). Adjudication should be considered as a tool to aid the parties in managing and resolving the majority of their disputes as they arise – with minimum interruption to the operation of the project. This can be done by the guidance of impartial and experienced adjudicator(s) or dispute board members.