Legal Briefs

7 COMMON CONSTRUCTION DISPUTES AND THEIR SOLUTIONS

The most popular standard construction contracts like FIDIC, NEC, JCT, ICE include well drafted tiered Arbitration clauses. The framers of these contracts and others in the Oil and Gas sector, envisage that disputes are likely to occur during and after the performance of those contracts. Through my experience as an Arbitrator and a Construction Lawyer, I have identified the most common construction disputes and their solutions. The contractual provisions have been drawn from the FIDIC Red Book. 1.Errors in Designs and [...]

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COVID-19 AND THE FIDIC SUB-CLAUSE 19 ON FORCE MAJEURE IN CONSTRUCTION CONTRACTS

Uganda has not been spared by the adverse effects of the Covid 19 virus. The restrictions on travel and work took effect in March through April 2020. However, some construction companies from China with projects in Uganda have been affected by the Covid19 pandemic since December 2019. China is now Uganda’s largest source of foreign direct investment. According to the Chinese Ministry of Commerce, Uganda ranks third as a destination for FDI from China. China has advanced loans to Uganda [...]

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EMERALD HOTEL LIMITED & 3 ORS –VERSUS – BARCLAYS BANK UGANDA LIMITED & 4 ORS

The High Court (Commercial Division) passed a judgment in favor of the Plaintiffs in this landmark legal suit. The honourable court observed the following among other important legal issues; Circumstances that warrant the sale of mortgaged property which sale must also be done lawfully; The validity of a management agreement signed by a receiver; The registration of a caveat which must satisfy the statutory requirements whereby the Caveator must claim an ‘estate or interest’ in order to be entitled to lodge the [...]

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