construction, engineering & projects · construction, engineering & projects paula ......

Construction, Construction, Construction, Construction, Engineering & Engineering & Engineering & Engineering & ProjectsProjectsProjectsProjects Middle East Middle East Middle East Middle East

Brochure: Construction Middle East-final-for client 16/06/2016 07:45:13

"Very hard-working and thoughtful people who come up with solutions." Chambers Global, 2015


Paula BoastPaula Boast Partner, Middle EastPartner, Middle East Construction, Engineering & Projects Construction, Engineering & Projects

Paula Boast is a key name to note."

Legal EMEA 500, 2016 Legal EMEA 500, 2016

Charles Russell Speechlys is an international law firm headquartered in London with offices in the UK, Europe and the Middle East.

We have an We have an ‘‘onon--thethe--groundground’ ’ Construction, Construction, Engineering & Projects practice that serves Engineering & Projects practice that serves the region from our Bahrain and Qatar the region from our Bahrain and Qatar offices. offices.

We deliver a comprehensive range of We deliver a comprehensive range of construction related services both locally, construction related services both locally, regionally and globally.regionally and globally.

We service both the public and private We service both the public and private sectors and act on behalf of government sectors and act on behalf of government and regulatory clients, project employers and regulatory clients, project employers and developers, lenders and investors, and developers, lenders and investors, contractors, subcontractors and contractors, subcontractors and consultants. consultants.

Our Partners are ranked as Our Partners are ranked as ““Leaders in their Leaders in their FieldField” ” in the Chambers 2016 directory. In in the Chambers 2016 directory. In addition, the firm is highly ranked across addition, the firm is highly ranked across multiple disciplines in Chambers Global and multiple disciplines in Chambers Global and Legal 500 EMEA directories. Legal 500 EMEA directories.

We are focused on delivering solutions and We are focused on delivering solutions and personal guidance, supported by legal personal guidance, supported by legal insight and strong commercial judgement.insight and strong commercial judgement.

Our services

Our areas of expertise include the following Our areas of expertise include the following services: services:

l Construction;Construction;

l Engineering;Engineering;

l Procurement;Procurement;

l Facilities management;Facilities management;

l Supply;Supply;

l Consultancy; andConsultancy; and

l Project risks.Project risks.

In the following sectors:In the following sectors:

l Industrial;Industrial;

l Commercial;Commercial;

l Leisure;Leisure;

l Residential;Residential;

l Utilities;Utilities;

l Regeneration; andRegeneration; and

l Social InfrastructureSocial Infrastructure

The team is experienced in drafting all forms The team is experienced in drafting all forms of construction and engineering contracts of construction and engineering contracts including FIDIC, NEC and JCT. including FIDIC, NEC and JCT.

We also advise clients on contentious We also advise clients on contentious matters and disputes including use of ADR matters and disputes including use of ADR strategy, adjudication, expert strategy, adjudication, expert determination, local and international determination, local and international litigation and arbitration.litigation and arbitration.

About Charles Russell Speechlys

Construction | 02Construction | 02


Charles Russell Speechlys LLP is ‘top class in all respects’. The team’s chief strength is ‘the synergy gained from the co-operative manner in which each individual works with all others’."

Legal EMEA, 2015 Legal EMEA, 2015

In the following pages, we highlight some of our team’s extensive experience in the region. Diyar Al Muharraq, BahrainDiyar Al Muharraq, Bahrain Long standing project advice in relation to all Long standing project advice in relation to all aspects of construction contracts, aspects of construction contracts, procurement and dispute resolution procurement and dispute resolution strategies for one of the worldstrategies for one of the world’’s largest s largest reclamation projects.reclamation projects.

MixedMixed--use development, Bahrain Bay, use development, Bahrain Bay, BahrainBahrain Advising one of South East AsiaAdvising one of South East Asia’’s largest s largest real estate development companies with its real estate development companies with its landmark development at Bahrain Bay. The landmark development at Bahrain Bay. The work involved advising on all construction work involved advising on all construction documentation including early works, documentation including early works, substructure and superstructure substructure and superstructure agreements and associated documents.agreements and associated documents.

Shakhoura housing project, BahrainShakhoura housing project, Bahrain Advising a prominent Bahrain based Advising a prominent Bahrain based development company in relation to the development company in relation to the preparation of bespoke consultancy and preparation of bespoke consultancy and building contracts for the development of a building contracts for the development of a number of affordable housing units and number of affordable housing units and associated infrastructure in Bahrain. The associated infrastructure in Bahrain. The work also involved advising on the most work also involved advising on the most efficient procurement model and the efficient procurement model and the appropriate FIDIC form of contract (both appropriate FIDIC form of contract (both FIDIC Yellow Book and FIDIC Red Book).FIDIC Yellow Book and FIDIC Red Book).

Bahrain International Airport, BahrainBahrain International Airport, Bahrain Drafting of a complete suite of FIDIC based Drafting of a complete suite of FIDIC based construction contracts for the delivery of construction contracts for the delivery of the BAC airport expansion project for the BAC airport expansion project for Bahrain International Airport to include Bahrain International Airport to include enabling works, piling works, main enabling works, piling works, main construction contract works, ITC, main construction contract works, ITC, main integrated supply contracts for baggage integrated supply contracts for baggage handling and passenger loading bridge handling and passenger loading bridge facilities. facilities.

Doha International Airport, QatarDoha International Airport, Qatar Advising a topAdvising a top--tier specialist contractor in tier specialist contractor in relation to claims under FIDIC terms arising relation to claims under FIDIC terms arising out of their package of works at Hamad out of their package of works at Hamad International Airport project.International Airport project.

MixedMixed--use water front development, use water front development, BahrainBahrain Advising on the construction and Advising on the construction and development aspects relating to one of development aspects relating to one of BahrainBahrain’’s most prominent water front s most prominent water front development projects as part of a development projects as part of a proposed Shariproposed Shari’’ah refinancing by the ah refinancing by the projectproject’’s sponsor. The work involved s sponsor. The work involved advising on the main terms of the FIDICadvising on the main terms of the FIDIC--based construction contract.based construction contract.

Mechanical/Industrial engineering Mechanical/Industrial engineering company, Qatarcompany, Qatar Advising a client on FIDIC procurement, Advising a client on FIDIC procurement, project risk and contract training and advice project risk and contract training and advice on specialist tenders submitted to subon specialist tenders submitted to sub--contractor Qatar Rail, as part of the 2022 contractor Qatar Rail, as part of the 2022 rail network and metro systems. Our work rail network and metro systems. Our work included contract training sessions to the included contract training sessions to the clientclient’’s engineering procurement team and s engineering procurement team and reviewing draft Tender Documents and reviewing draft Tender Documents and contract terms & conditions.contract terms & conditions.

Our experience

03 | Construction03 | Construction


In 2015, I had a (new) successful experience with Charles Russell Speechlys construction lawyers’ team who have reviewed the EPC contract for GARMCO's new Cast House/Remelt Expansion Project. Beside the team's professional support and prompt response, GARMCO’s legal position was assured and well protected under the contract.”

Fadia Mufid, Legal Counsel, Gulf Fadia Mufid, Legal Counsel, Gulf Aluminium Rolling Mill B.S.C (GARMCO)Aluminium Rolling Mill B.S.C (GARMCO)

GARMCO, BahrainGARMCO, Bahrain Advising the first and one of the largest Advising the first and one of the largest downstream aluminium facilities in the downstream aluminium facilities in the Middle East for rolling, cutting and Middle East for rolling, cutting and fabricating aluminium. Work involved fabricating aluminium. Work involved drafting of EPC and FIDIC construction drafting of EPC and FIDIC construction contract documents for the part of Albacontract documents for the part of Alba’’s s expansion smelter project including expansion smelter project including procurement and tender process advice procurement and tender process advice and assistance with a contract project value and assistance with a contract project value of USD 3.5 bln. of USD 3.5 bln.

Development and facilities management Development and facilities management agreement, Bahrainagreement, Bahrain Advising a leading Bahrain development Advising a leading Bahrain development company with the development of its company with the development of its ‘‘MajalMajal’ ’ warehousing scheme at the Bahrain warehousing scheme at the Bahrain Investment Wharf. The work included Investment Wharf. The work included advising on the development management advising on the development management agreement and facilities management agreement and facilities management agreement.agreement.

Facilities management services, BahrainFacilities management services, Bahrain Advising a joint venture entity established to Advising a joint venture entity established to provide facilities management services at provide facilities management services at Bahrain International Airport in relation to all Bahrain International Airport in relation to all aspects of its contractual arrangements aspects of its contractual arrangements with Bahrain Airport Company. Our work with Bahrain Airport Company. Our work involved drafting and negotiating the involved drafting and negotiating the facilities management agreement and facilities management agreement and related service level agreements and related service level agreements and undertaking significant due diligence in undertaking significant due diligence in relation to a number of the existing relation to a number of the existing contractors and subcontractors working at contractors and subcontractors working at Bahrain International Airport.Bahrain International Airport.

Modernisation programme, BahrainModernisation programme, Bahrain Advising on the major modernisation Advising on the major modernisation programme to Bahrainprogramme to Bahrain’’s airport. Work has s airport. Work has entailed assisting with construction entailed assisting with construction procurement and tendering as well as procurement and tendering as well as putting in place the required suite of putting in place the required suite of construction, consultancy and supply construction, consultancy and supply contracts.contracts.

EPC contractor, BahrainEPC contractor, Bahrain Advising an industrial consultancy company Advising an industrial consultancy company based in Bahrain on procurement of building based in Bahrain on procurement of building permits in compliance with Bahraini law for permits in compliance with Bahraini law for one of their industrial projects, as well as one of their industrial projects, as well as advising on suspension and termination advising on suspension and termination strategy for the works generally and strategy for the works generally and mounting contract claims. mounting contract claims.

EPCEPC contract, Bahraincontract, Bahrain Advising a national petroleum company on Advising a national petroleum company on an engineering, procurement, construction an engineering, procurement, construction and management agreement for sulphuric and management agreement for sulphuric acid alkylation and regeneration units. acid alkylation and regeneration units.

Joint venture subcontractor, Saudi ArabiaJoint venture subcontractor, Saudi Arabia Advising a client in its claims and Advising a client in its claims and termination against the main contractor in termination against the main contractor in relation to Stock Exchange Tadawul Tower.relation to Stock Exchange Tadawul Tower.

Regional construction contractor, QatarRegional construction contractor, Qatar Assisting the Qatari division of a major Assisting the Qatari division of a major regional construction contractor in the regional construction contractor in the drafting of a suite of standard form drafting of a suite of standard form construction and procurement documents, construction and procurement documents, including preincluding pre--tender and early works tender and early works documents.documents.

Oil & gas specialist contractor, QatarOil & gas specialist contractor, Qatar Advising a client on its call off contracts for Advising a client on its call off contracts for Halul Island. Initiating performance bond Halul Island. Initiating performance bond injunction proceedings in the Qatar Courts. injunction proceedings in the Qatar Courts. Advising on claims for extensions of time, Advising on claims for extensions of time, acceleration costs and delays under tank acceleration costs and delays under tank repair and replacement contracts.repair and replacement contracts.

Construction | 04Construction | 04


...sometimes when I want to go in a certain direction Paula [Boast] makes me stand back and look at things in a different way. I remember that I am not the lawyer. She guides me.”

Yasser Al Rayes, Managing Director of Yasser Al Rayes, Managing Director of Riffa Views BSC and Director of Arcapita Riffa Views BSC and Director of Arcapita BSCBSC

Major infrastructure projectMajor infrastructure project Assisting the employer in a dispute (for Assisting the employer in a dispute (for amounts in excess of USD 200 million) amounts in excess of USD 200 million) concerning a major infrastructure project in concerning a major infrastructure project in Qatar.Qatar.

Islamic investment bankIslamic investment bank Advising an Islamic investment bank on its Advising an Islamic investment bank on its dispute with its clients for liquidated dispute with its clients for liquidated damages to delays arising from 2011 Arab damages to delays arising from 2011 Arab Spring, as well as wrongful service charges Spring, as well as wrongful service charges in relation to third party development and in relation to third party development and construction of a project.construction of a project.

Primary integrated tourism developer, Primary integrated tourism developer, OmanOman Advising an Omani developer on their Advising an Omani developer on their contract claims strategy and disputes in contract claims strategy and disputes in relation to its major ITC project for a 2.2 relation to its major ITC project for a 2.2 million sqm tourism and hotel complex.million sqm tourism and hotel complex.

Major infrastructure development, QatarMajor infrastructure development, Qatar Assisting a joint venture contracting Assisting a joint venture contracting company company in drafting and negotiatingin drafting and negotiating of its of its project management contract (in excess of project management contract (in excess of USD 500 million) for a major infrastructure USD 500 million) for a major infrastructure development in Qatar.development in Qatar.

Hotel contracting company, QatarHotel contracting company, Qatar Advising on contractor claims for delays, Advising on contractor claims for delays, prolongation, project risks in relation to the prolongation, project risks in relation to the iconic JW Marriott Hotel in Doha. Advising iconic JW Marriott Hotel in Doha. Advising on strategy to be adopted for potential on strategy to be adopted for potential contractor versus employer termination; contractor versus employer termination; advising on performance bond injunction advising on performance bond injunction proceedings and advising on validation and proceedings and advising on validation and EOT claims strategy for submission to the EOT claims strategy for submission to the Qatari Courts.Qatari Courts.

Ministry of Works, Municipalities Affairs & Ministry of Works, Municipalities Affairs & Urban Planning, BahrainUrban Planning, Bahrain Advising on contracts for procurement of Advising on contracts for procurement of upcoming projects to include a new upcoming projects to include a new operation and maintenance contract to add operation and maintenance contract to add to the standard form suite drafted by Paula to the standard form suite drafted by Paula Boast in 2009 specific to Sanitary Boast in 2009 specific to Sanitary Engineering & Maintenance Directorate. Engineering & Maintenance Directorate. Advising contractor contract extensions Advising contractor contract extensions and claims for EOTS & additional costs to and claims for EOTS & additional costs to the operational Tubli Sewage Treatment the operational Tubli Sewage Treatment Plant (STP), the largest ozone treatment Plant (STP), the largest ozone treatment plant in the Middle East.plant in the Middle East.

Review of construction contracts, BahrainReview of construction contracts, Bahrain Advising a Bahraini based development Advising a Bahraini based development company in relation to reviewing their company in relation to reviewing their standard form of construction contract standard form of construction contract (based on the Ministry of Works building (based on the Ministry of Works building contract) to bring it into line with best contract) to bring it into line with best practice. practice.

Paula Boast enjoys a visible profile for her construction expertise, which she has already brought to bear in leading roles on a number of key construction projects in the country. She heads the firm's Middle East construction practice."

Chambers Global, 2016Chambers Global, 2016

05| Real Estate & Construction05| Real Estate & Construction


For more information please contact:For more information please contact:

Paula Boast Partner, Middle EastPartner, Middle East Construction, Engineering & ProjectsConstruction, Engineering & Projects T: +973 17 13 3212T: +973 17 13 3212 [email protected]@crsblaw.com

Contact

London 5 Fleet Place5 Fleet Place LondonLondon EC4M 7RD UKEC4M 7RD UK

T: +44 (0)20 7203 5000+44 (0)20 7203 5000

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T: +44 (0)20 7203 5000+44 (0)20 7203 5000

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T: +44 (0)1242 221122+44 (0)1242 221122

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T: +44 (0)1483 252525+44 (0)1483 252525

Our offices

Doha Palm TowerPalm Tower Floor 15Floor 15 West BayWest Bay PO Box 26600 DohaPO Box 26600 Doha Qatar Qatar T: +974 40342036 +974 40342036

Geneva 99--11 rue du Prince11 rue du Prince 1204 Geneva1204 Geneva SwitzerlandSwitzerland

T: +41 (0)22 591 18 88+41 (0)22 591 18 88

Luxembourg 2 rue Jean Monnet2 rue Jean Monnet LL--2180 Luxembourg2180 Luxembourg

T: +352 26 48 68 00+352 26 48 68 00

Manama Bahrain World Trade CenterBahrain World Trade Center Floor 24 East TowerFloor 24 East Tower PO Box 31249 ManamaPO Box 31249 Manama Kingdom of BahrainKingdom of Bahrain

T: +973 17 133200 +973 17 133200

Paris 41 Avenue de Friedland41 Avenue de Friedland 75008 Paris75008 Paris FranceFrance

T: +33 (0) 1 70 99 09 00+33 (0) 1 70 99 09 00

Zurich Basteiplatz 7Basteiplatz 7 8001 Zurich8001 Zurich SwitzerlandSwitzerland

T: +41 (0)43 430 0200+41 (0)43 430 0200

charlesrussellspeechlys.comcharlesrussellspeechlys.com Charles Russell Speechlys LLP is a limited liability partnership registered in England and Wales, registered number OC311850, and is authorised and regulated by the Solicitors Regulation Authority. Charles Russell Charles Russell Speechlys LLP is a limited liability partnership registered in England and Wales, registered number OC311850, and is authorised and regulated by the Solicitors Regulation Authority. Charles Russell Speechlys LLP is also licensed by the Qatar Financial Centre Authority in respect of its branch office in Doha. Any reference to a partner in relation to Charles Russell Speechlys LLP is to a member of Charles Russell Speechlys LLP is also licensed by the Qatar Financial Centre Authority in respect of its branch office in Doha. Any reference to a partner in relation to Charles Russell Speechlys LLP is to a member of Charles Russell Speechlys LLP or an employee with equivalent standing and qualifications. A list of members and of nonSpeechlys LLP or an employee with equivalent standing and qualifications. A list of members and of non--members who are described as partners, is available for inspection at the registered office, 5 Fleet Place, London. members who are described as partners, is available for inspection at the registered office, 5 Fleet Place, London. EC4M 7RD.EC4M 7RD.
