As a thought leader in our space, we are pleased to share a recap of our most popular articles for quarter two, 2023. Our experts cover topics from the pitfalls and risks of sectional completion to discussing the Kingdom of Saudi Arabia’s 2030 vision, and its approach to its delivery.

Below you will find links to our top five articles, as well as the authors’ details. Please feel free to reach out to any of our authors to discuss any of the topics covered in their work.

5. Arbitration clause separability re-visited in the court of appeal

“While the principle of separability is well established, disputes do still arise concerning the circumstances in which an arbitration agreement may survive an invalid, ineffective or otherwise non-existent principal contract.”

4. Can the Kingdom’s Vision 2030 Giga Projects afford not to take a collaborative approach?

“Traditionally, there has been an aggressive, adversarial environment in KSA’s construction market. When coupled with the fact that risk events are inevitable and considering the magnitude of these projects, there is a potential toxic incubator for major delays, cost overruns, and disputes, i.e., the successful delivery of the Vision 2030 Giga Projects will require a more proactive approach in order to avoid the toxic environment and disputes.”

3. Sectional Completion – Pitfalls and Risks

“Employers can seek to achieve ‘Sectional Completion’ which can allow them to optimize the project timescales. However, the price of doing so can be to increase project complexity and risk. To pass this complexity and risk down to their Contractors can, in turn spell the difference between commercial success and failure for the supply chain.”

2. Recording Employer’s Costs following Termination for Contract Default

“The aim should be for contract terms with the continuation contractor(s) to be specifically designed to limit inefficiencies. Thus, in resolving any dispute with the original contractor, the questions whether (the) replacement contract(s) should have been let on different terms, or should have been more appropriately managed or controlled, or were executed inefficiently, may become pertinent and potentially contentious considerations.”

1. Time Slice in Window Analysis (Hybrid Delay Analysis)

“Delay analysis methods are generally classified into two types: prospective or retrospective. The TSA takes advantage of both, combining a forward-looking approach (prospective) and backward-looking approach (retrospective). Using the two methods together allows the analyst to model the likely impact of any event within a chosen period or window and thereafter, measure the actual impact based on the progress recorded during that period or window.”