SLQS-Journal Vol. 1 - Slqs-uae.org

SLQS JOURNALJanuary 2009a deviation is discovered, it demanded attention. If contractorsdo not notify clients when variations occur in full extentand its rightful compensations would be lost. Sometimesthis is caused by insufficient contractual knowledge or lackof time could be another reason. Therefore there is a need fora resource that has profound contractual knowledge, i.e. theContracts Manager.Proper documentation enables the Contractor to prove whathas really been produced. This proper documentation is essentialfor a Contract Manager when the function shall ensureright compensation for all the work executed including variationsand additional work. Good communication is seen asthe most fundamental factor to succeed, making routines forcommunication is of importance for all parties involved in aconstruction project, both internal and external. Communicationis not only a tool for getting knowledge it is also a tool forthe Contracts Manager to inform other parts of the organizationabout contractual issues and legal matters.In connection to scope changes, it is also important to makeproper notifications, which are usually specified in the contracti.e. when, to whom and how the variation shall be notified. Inconnection with variations, additional work and notificationthe contractor needs to identify which parts of the executedwork that has to be documented, in order to have proof whenclaming compensation for the work and to have back-up in apossible conflict situation. To avoid conflicts and misunderstandingsit is essential to know what has been specified inthe contract, that had been agreed with and having an opendialogue and good communication with all role players in aproject. It is important to not see the increased focus on contractualmatters as an aggressive form of action. The meaningis not to violate the trust culture that exists in the region, butrather to see the increased focus on the contract as an actionfor preventing conflicts and misunderstanding by a bettercontract knowledge, which would benefit Client and theContractor. The contracts manager function would also workpreventively with the contract in order to identify critical partsin the contract, would remedy these and by that would savemoney and time for all players in the project.Today’s construction industry recognizes the advanced functionof Quantity Surveyor, better adapted to the present characteristicsof the construction industry. In other words, therole of the Quantity Surveyor is widened to encompass thestrategic function of managing contracts during the executionphase of the Project in particular, to handle the role ofContracts Manager. This function that works strategically andpreventively with contracts should be a knowledgeable personwho pioneered in quantity surveying field with thoroughknowledge in commercial and legal matters in order to identifyopportunities that would benefit the organization. Thefuture for construction sector in the Gulf looks extraordinarilybright. Many countries in the Middle East is driven by its rapideconomic growth, and sheer force of new ideas which poweringan unprecedented surge in the construction activities. Istrongly believe that an effective Contracts Management isone of the key elements in facilitating this goal to supportConstruction boom in The Middle East.Hunter and Others -v- Canary Wharf Ltd; Same -v- London Docklands DevelopmentCorporation [1997]The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituteda nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit herenjoyment of her land.Held: The interference with TV reception by an adjoining development is not capable of being nuisance to land in law. An actionin private nuisance will only lie at the suit of a person who has a right to the land affected. When assessing damages for nuisance,loss of amenity was an appropriate measure where no capital loss was established and loss of use was an additional head.Nuisance is a tort directed at protection of interests in land only. (Lord Lloyd of Berwick) “Private nuisances are of three kinds.They are (1) nuisance by encroachment on a neighbour’s land; (2) nuisance by direct physical injury to a neighbour’s land; and(3) nuisance by interference with a neighbour’s quiet enjoyment of his land”.38