Construction Law | Arbitration | Civil & Commercial Litigation | Employment | Corporate Advisory Established in 1996, Kaggwa & Kaggwa Advocates is a leading Ugandan Corporate and Commercial law firm offering an extensive range of legal services to multinationals, Non Governmental Organisations, companies, financial institutions, entrepreneurs and government.
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What is the effect of a liquidated damages clause in a Construction Contract, that has been declared void by a Court ?
General damages for delay: capped, or uncapped? | White & Case LLP Does a liquidated damages clause which has been found to be void and / or unenforceable nevertheless operate to limit a contractor's liability for general damages for delay? This issue was decided in two recent cases – one from England, the other from Singapore – with opposing conclusions reache...
Should Arbitration Fees Be Capped? Damian James Construction Disputes Damian James takes a look at routes to capping fees in construction dispute resolution and options for reducing costs.
Covid19 to affect Construction Claims until 2023
Covid to impact construction claims ‘until at least 2023’ Construction projects continue to be impacted by the global coronavirus pandemic, with a knock-on effect on claims.
What Happens When a Project Manager resigns from a Construction Project?
What happens when the contract administrator resigns? Beyond the Scottish courts' adjudication enforcement procedure, I'm not particularly familiar with the processes they follow. Therefore, I was interested to see the judgment in Graeme W Cheyne (Builders) Ltd v Michael Duthie Wilson, which involved the Sheriff Appeal Court (SAC) reviewing a sheriff's...
FIDIC's new collaborative contract in the works.
Work starts on delivering new FIDIC Collaborate Contract - Issuu FIDIC’s board has agreed to the setting up of a new task group by the FIDIC contracts committee, which, in time, will lead to the development of a new FIDIC Collaborative Contract.
Proof by Sample in Construction.
Proof by sampling in construction cases How does one resolve a dispute involving thousands of individual items where it is impractical to deal separately with each one? A recent decision in the Technology and Construction Court provides some guidance - but raises further questions.
How to address causes of Construction Disputes.
How to address common causes of disputes in road and rail projects globally Collaborative contractual models, good risk management during projects and proper record keeping can help to address the risk of disputes arising over road and rail infrastructure projects.
An Employer is entitled to Liquidated damages after termination of a construction contract. #construction #arbitration #adjudication #law
Construction Contracts: Liquidated Damages Recoverable for Period Prior to Termination | White & Case LLP In Triple Point Technology v PTT, the Supreme Court of the United Kingdom has restored the orthodox position on how termination prior to completion of work affects the operation of a liquidated damages provision.
The World Bank adds the FIDIC Emerald Book for the construction of tunnels to its already comprehensive FIDIC suite of Contracts until 2024. We are experts in the FIDIC conditions of contract to which we advise our clients in various sectors.
📣 FIDIC has expanded the scope of its 2019 agreement with The World Bank which enables the bank to adopt the use of six FIDIC standard contracts until 2024 to now include the FIDIC-ITA Emerald Book form of contract for tunnelling and underground works.
“I am delighted that the World Bank has chosen to adopt the use of the Emerald Book and include it in its standard bidding documents. The Emerald Book addresses several critical areas that should lead to the smoother running of contracts in the growing tunnelling and underground works sector and the bank’s move will help to command the respect and authority of the tunnel engineering and construction sector and further underline the fact that both clients and contractors can use this contract with confidence.” FIDIC chief executive Dr. Nelson Ogunshakin OBE
Read further below. ⬇️
#emeraldbook #tunnelling #undergroundworks
Real Estate Business: Changes to the Income Tax Act FY 2021/2022 UGANDA, Kampala | Real Muloodi News | In this article, we explain the three significant changes made to the Uganda Income Tax Act that will impact the income of individual and company real estate businesses. The Amendment of Section 22 of the Income Tax Act of Uganda Rental Income Tax Rate and Allow...
NEC4 engineering and construction contract – What is Defined Cost and how is it calculated? | Stradia Defined Cost is used for the assessment of compensation events under all the main Options: Option A – Priced contract with activity schedule; Option B – Priced contract with bill of quantities; Option C – Target contract with activity schedule; Option D – Target contract with bill of quantit...
Post Covid19 Legal Issues and Opportunities in the Construction Sector.
Coronavirus Insight: Emerging from the crisis – Potential issues and opportunities HKA associate consultant Olivia Taylor and firm partner Tom Kapapa examine the industry's need to demonstrate agility and pragmatic approaches to sustain operations and avoid any potential disputes
Cooperation protocol signed for construction of Wau Dam in South Sudan South Sudan and Egypt have signed cooperation protocol that includes preparation of feasibility studies for construction of Wau Dam in South Sudan.
Parent Companies domiciled in UK are at risk of liability from actions or omissions of their subsidiaries operating outside jurisdiction. An exception to the legal principle of corporate personality. #construction #law #arbitration #constructionlaw
Parental Control … Continued. Okpabi v Royal Dutch Shell and Another Fenwick Elliott Senior Associate, Natalie Beeraje discusses the recent Supreme Court decision in Okpabi v Royal Dutch Shell. This is the latest in a line of important authorities considering parent company liability for claims brought against overseas subsidiaries.
A Guide to Money Claims in Construction Contracts.
Money claims in international construction projects There are some significant differences to the way in which contractual money claims should proceed under civil or common law.
Force Maguire and Frustration are different concepts of law, whereas force maguire must be contractual, frustration is by operation of the law.
Frustration of international construction and engineering contracts and COVID-19 Frustration has garnered much attention following the outbreak of the COVID-19 pandemic, as a possible escape route for parties facing onerous liabilities under contracts entered into before the outbreak.
Covid19 has led to an increase in Construction disputes.
Covid blamed for record size of construction disputes 75% of survey says disputes arose from claims specific to the impact of the pandemic
Court sets aside $2m arbitration award in rare case of cancellation In a rare case cancelling an arbitration award, the top court here set aside US$1.48 million (S$2 million) awarded to a bank as a breach of natural justice and, in doing so, affirmed a High Court judgment. The sum had been payable by the India-based buyer of 20,000 tons of coal who had failed to rem...
Time-bar clause in construction contract defeated by estoppel | White & Case LLP Estoppel and waiver are common arguments used to rebut the enforcement of time bar and notice provisions in construction contracts. However, these arguments have often seen limited success. Nevertheless, estoppel was successfully argued in a recent Australian case in the New South Wales Court of App...
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Nairobi Centre for International Arbitration - NCIA
Four days to go... Register now for our series 4 webinar themed: "The Art of Drafting Arbitration Clauses" use this link: https://lnkd.in/dYtMb8D
Nairobi Centre for International Arbitration - NCIA
Have you registered for our webinar scheduled for Wednesday 28th Oct 2020? We will discuss "The Art of Drafting Arbitration Clauses" use this link to register: https://lnkd.in/dYtMb8D
Today in our series of KNOW YOUR LAWYER we applaud the brilliant and superb counsel Nicholas Nsava Mbabazi of KAGGWA AND KAGGWA ADVOCATES
Today in our series of "KNOW YOUR LAWYER" we applaud counsel David Kaggwa of KAGGWA AND KAGGWA ADVOCATES.
We wish you a Happy Martyrs' Day as we celebrate the faith, determination and courage of the Uganda Martyrs
#kaggwalaw #happymartyrsday #happymartyrsday2020 #martyrsday2020 #uganda
Eid Mubarak. #EidUlFitr #عيد_مبارك #EidAlFitr
#kaggwalaw #StayHomeStaySafe https://t.co/9yS9lMEeFa
Our Senior Partner David Kaggwa, FCIArb shares on 7 Common Construction Disputes & their Solutions.
#ConstructionDisputes #kaggwalaw #constructionlaw #FIDICRedbook #StandardConstructionContracts #BuildingandEngineeringWorks #ArbitrationClauses #OilandGas #NEC #JCT
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"Without Labour nothing Prospers." - Sophocles
A Happy Labour Day
#COVID19 #StayHome #StaySafe #LabourDay #kaggwalaw
#labordayweekend #labour #worksafe
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IMPACT OF COVID-19 ON ARBITRATION
Don't miss Our Senior Partner #David_Kaggwa, FCIArb. along with other panelists as they discuss the impact of COVID-19 on Arbitration.
The webinar will explore a broad range of topics including Online Arbitration, Force Majeure, Emergence arbitration, disputes likely to arise post COVID, exploring Arbitration and Mediation as an alternative to litigation post COVID-19.
We hope this webinar will offer help during these challenging times and guidance on how to navigate chapter that follows.
Topic: Impact of COVID- 19 on Arbitration in Uganda
Date: 24 April 2020
Time: 2:30 pm
To join the conversation, please register in advance by clicking on link below;
Meeting ID: 993 4756 3418
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.
#kaggwalaw #arbitration #covid19 #disputeresolutionclause #forcemajeure #onlinearbitration #ICAMEK
COVID-19 AND THE FIDIC SUB-CLAUSE 19 ON FORCE MAJEURE IN CONSTRUCTION CONTRACTS.
Sub-Clause 19 of the FIDIC Conditions of Contract for Construction (For Building and Engineering Works Designed by the Employer), 1999 contains the force majeure clause which is likely to be invoked by contractors following the outbreak of the COVID-19 virus in Uganda.
A force majeure clause is a provision in a contract that relieves the affected party from performing their contractual obligations when circumstances beyond their control arise that make performance of the contract impossible. In certain jurisdictions, a force majeure clause is referred to as an act of God and it includes events such as earthquakes, floods, war, an epidemic and government orders or directives.
-What is Force Majeure?
-Is the COVID-19 Virus a Force Majeure Event?
-What are the Consequences of Force Majeure?
Our Senior Partner & Head of Construction & Arbitration Practice Mr. David Kaggwa, FCIArb. answers these questions in this Article. Enjoy!
#FIDIC #ConstructionContracts #COVID19 #fidicsubclause19 #ForceMajeure #kaggwalaw #constructionlaw #constructionarbitration #disputeresolution
kaggwalaw.com 12 Apr COVID-19 AND THE FIDIC SUB-CLAUSE 19 ON FORCE MAJEURE IN CONSTRUCTION CONTRACTS Kaggwa & Kaggwa Advocates2020-04-12T22:14:30+00:00 Blog, Legal Briefs, News and Updates Uganda has not been spared by the adverse effects of the Covid 19 virus. The restrictions on travel and work took effect in M...
ARBITRATION | CONSTRUCTION LAW| EMPLOYMENT | COMMERCIAL LITIGATION | ADVISORY | ENERGY & MINING
Kaggwa & Kaggwa Advocates was established in 1996 and has since offered a quality service to Individuals, Domestic and International Corporations, Non Governmental Organisations, Multinationals and Government. The Firm is majorly involved in numerous Multi-Billion contract Litigation, Construction and Dispute Resolution. It is also experienced in all fields of commercial litigation and alternative dispute resolution, including litigation, international arbitration and mediation. The value proposition that backs the firm's reputation is based upon unrivaled success in Litigation and lawyers, who think clearly, respond commercially and are accountable for outcomes.The firm is located in the heart of Kampala, Uganda.
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