Construction Contracting

Our experience with construction contracting matters includes representation of owners, architects, engineers, general contractors and sub-contractors in the negotiation and preparation of tender documents and contracts and the provision of advice and assistance in connection with change orders, contract amendments and general contract administration. In the event of disputes which cannot be settled through claims administration procedures we represent our clients in construction arbitration or litigation proceedings. In these regards we have experience with lump-sum "turnkey" projects, cost-plus contracts, project management contracts, professional design service contracts, "back-to-back" sub-contracts and other forms of architectural and engineering construction contracting. A representational sampling of some recent matters we have handled in this practice area include the following:

Private Villa

At the request of a wealthy client we undertook to prepare contracts totalling in excess of $20 million covering the interior design, construction and furnishing of a private villa in Jeddah. The scope of work under the contracts called for extensive artistic design and execution of interior decorations by skilled craftsmen, and numerous special contractual provisions were required to reflect each party's concerns over the procurement, transportation and installation of materials and finished works and to ensure that the owner's artistic specifications were met by the contractor. Due to the extent of work involved and the owner's particular time and financial requirements, additional contractual mechanisms were required to address coordination of the works, logistics for the mobilization of personnel, plant and materials and to cover the project financing.

Petroleum Product Bulk Plant

We were responsible for the preparation of a complete tender package for the engineering, design and construction on a turnkey basis of a $200 million petroleum product storage and distribution plant located on the west coast of Saudi Arabia. The package included instructions for bidding, forms for the provision of all commercial and technical information required to evaluate the tenders and a lengthy proforma contract. Drafting of the tender package required extensive work and collaboration with the client/owner over a period of several months to ensure that the client's technical, commercial and legal interests were fully protected under the contract documents. At the client's request, we prepared a similar package for the project management services for the project.

Tourist Development Project - Dispute Resolution

We represented a general contractor in connection with a multi-million dollar claim for cost overruns by an international sub-contractor on a tourist development project outside of Jeddah. Following extensive negotiations with the sub-contractor we agreed to submit the matter to private arbitration before an ad hoc panel of local businessmen. The sub-contractor's claim and our client's counter-claim involved analysis and resolution of a complex series of factual, technical and legal issues during hearings held in both the English and Arabic language.