On 15th February 2016, Quantum Global Solutions senior management team held an internal conference to debate the legal principles of Apportionment and Prevention.
The concepts of Apportionment and Prevention need to be considered when a project is suffering various delays to completion, which are the result of both the Employer and the Contractor. In the preparation of a claim, or during the formal resolution of a dispute under the Contract, it will be necessary to consider to what extent each party has contributed to the delay, and then to determine how the Liquidated Damages clause should be applied (if at all) and whether the Contractor should be entitled to its own additional costs for period of delay attributable to the Employer.
The event was facilitated by Ian Maund (QGS Associate Director) , principles and case law were presented by Greg Caramanica (QGS Senior Contractual Commercial Consultant) and relevant extracts of Qatar construction contracts which are widely used, were presented my Marco Musante (QGS Senior Contractual Commercial Consultant).
Due to the lack of Middle East case law on the subject matter, the challenge for the team was to reflect upon appropriate methodologies to adopt in the context of FIDIC based contracts executed under Qatar Civil Code, which are not necessarily the same as those adopted in Western common law jurisdictions.