Me Construction Gccpoc2017
Me Construction Gccpoc2017
02
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Contents
4 10 14 18
GCC’s construction Interview with Marcus Investing in innovation in VAT implementation
industry outlook Truscott, Managing the world’s largest airport What does it mean for the
Director at Multiplex construction industry?
Middle East
22 28 32 38
Real estate development KSA’s engineering & IFRS 15 disclosure Interview with Mr. LIU
funding squeeze construction sector 2017 requirements Fangjiang, Vice President
Myth or reality? Who dares wins Are contractors ready & MENA President of
for it? SEPCOIII Electric Power
Construction Corporation
Delivering power
construction solutions
fit for the region
44 48 52 56
What’s happening in the UAE Causes of construction The evolution of Interview with Bishoy
construction market? disputes in the Middle construction Azmy, CEO and Executive
East How building information Director at Al Shafar
modeling and lean General Contracting (ASGC)
management are
transforming the industry
60 64 72 76
Why is construction Interview with Mr. YU Tao, Emerging risks, trends Leisure and entertainment
productivity so low? President & CEO of China and risk management investment and economic
State Construction mechanisms related to diversification in the GCC
Engineering Corporation third parties A long-term play
Middle East (CSCEC ME)
How CSCEC ME is leveraging
technology to add value to
construction projects and
pushing the boundaries of
what is feasible
03
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
04
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
GCC’s construction
industry outlook
05
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Some of the key Whilst business conditions are tougher Fiscal adjustment will need to continue
today and project activity has been over the medium-term with measures to
strategic initiatives slowing down since 2015, the increase revenue, such as further energy
construction industry in the Middle East price reforms or the value-added tax in
which governments are region will sustain its workflow going the GCC, and controls on public
grappling with involve forward. This will be driven by economic spending. The International Monetary
and demographic needs, initiatives Fund (IMF) predicts that as a result of the
the private sector taking associated with the Saudi Vision 2030, oil price recovery, lowered spending, and
a more active role in the Abu Dhabi Economic Vision 2030, Dubai the reforms implemented on energy
Plan 2021, and Qatar National Vision prices, the overall GCC deficit is expected
economy, job generation 2030, as well as tourism related projects, to reduce in 2017 to 4 percent of GDP,
-5
-4 GCC project awards 2014-2017 ($bn) GCC project awards in 2017 ($bn)
-6.5
200 50
-10
-9.4
40
-12 150
-15
30
$bn
$bn
50
10
0 0
2014 2015 2016 2017 UAE Saudi Kuwait Oman Qatar Bahrain
Arabia
06
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
07
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
region, and more specifically in Saudi expertise. The major projects being
planned are in the construction and
Arabia, Kuwait, and Bahrain, where transport sectors. Kuwait Authority for
Partnership Projects is planning to
housing schemes are being planned develop a metro system within Kuwait
City, as a PPP type of project that will cost
to build a large number of new units. around $7bn. On the construction side,
the Public Authority for Housing Welfare
(PAHW) plans to build a $14bn residential
city with 35,000 housing units and other
The outlook for Abu Dhabi is slow, with
services, including clinics, banks, and
potentially two transport projects coming
commercial malls.
back to market, the Abu Dhabi Metro and
Etihad Rail Network, which were put on
There are significant affordable housing
hold in early 2016. Other projects in the
requirements across the region, and
study phase in the emirate are ADNOC
more specifically in Saudi Arabia, Kuwait,
gas developments and power generation
and Bahrain, where housing schemes are
plants. Dubai, a market underpinned by
being planned to build a large number of
building a tourism Industry and delivering
new units.
Expo 2020, with growing population
demands, still has a solid level of project
In Qatar the government continues its
activity. The announced 2018 budget is
policy of prioritizing projects related to
the largest ever; 21 percent of it has been
World Cup 2022, including the roads and
allocated to infrastructure investments as
public transport networks, stadiums and
the emirate prepares for construction
other commercial developments, such as
projects related to Expo 2020. Transport
Lusail City. Transport projects expected to
projects in the planning stage are the
be awarded by mid-2018 are the metro
expansion of Al Maktoum International
connection to the airport terminal, phase
Airport being awarded in different more
2 of Doha Metro, which comprises the
manageable package sizes, as well as
extension of four lines, and Hamad
extensions to the Dubai Metro and Dubai
International Airport’s main terminal
Tram to further connect the city and
extension. The Lusail City mixed-use
serve a growing population. Dubai
development is currently under
Harbour, Dubai Creek Harbour and
construction and will see some sub
Dubai Holding’s Marsa Al Arab near the
packages awarded next year.
Burj Al Arab hotel are some significant
ongoing and planned mixed-use
Both Oman’s and Bahrain’s project
construction projects that will comprise
markets are relatively small in size. Oman
residential areas and tourist attractions.
has been substantially affected by the
08
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
oil price drop, but the one key ongoing space designed to increase the capacity As we know, GCC geographies differ in
project is the airport expansion. Due to for pilgrims and visitors to the Grand their infrastructure needs, and their
be awarded in 2018 are an industrial Mosque. Saudi Arabia’s Public Investment stages in development and investment
economic zone budgeted at $10bn, Fund (PIF) is planning a project in the in key infrastructure and social
phase 1 of the Omagine mixed-use north-western region called NEOM, which infrastructure. All of the countries have
development comprising residential aims to develop nine key economic state-led economies, where governments
and commercial buildings, and a water sectors, including biotech, energy, are reliant on natural resources which
desalination plant, a project funded by mobility and digital science. The Ministry they remain focused on diversifying.
the GCC to meet the growing needs of of Housing is studying a project funded
water consumption in the Gulf countries. by the government to build 100,000 GCC governments, conscious that the oil
Bahrain’s government is planning the housing units over the next seven years dependent model is not sustainable,
construction of a 115km light rail network in Riyadh. Transport projects due in the continue to implement reform agendas
in the country connecting different cities next couple of years are other Jeddah with various initiatives to lower the
and aiming to ease traffic congestion. metro lines, and the high-speed rail burden on public budgets and transition
The project is expected to be awarded connecting Riyadh to Dammam with a to a diversified economy with a more-
towards the end of this year. Two mixed- $14bn cost. There is a lot of large-scale skilled workforce.
use schemes due to be awarded in 2018 opportunities for the Kingdom to be
are Marsa Al Seef and Bander Al Seef, delivered in the foreseeable future, once The privatization of some key state-
with respective budget values of $2.5bn the government will have completed a owned entities, such as the plans to issue
and $2.7bn. Both will include residential review and reprioritization of key projects. an initial public offering (IPO) for part of
buildings and various other amenities. Aramco and more recently ADNOC, is a
phenomenon that most economies go
Saudi Arabia has undergone significant The privatization of some through as they start to mature and
reforms during the past two years. Saudi change to a more private sector-led
Vision 2030 comes with a broad set of
key state-owned entities, economy. Fundamental to the success of
objectives to wean the country off its such as the plans to this transition will be the private sector
dependence on high oil prices. The involvement. The use of public-private
Kingdom aims to increase the issue an initial public partnerships, attracting foreign direct
contribution to GDP from the private offering (IPO) for part of investment and privatization of state-
sector to 65 percent from the current owned assets are key elements to
40 percent. There is a plan to privatize Aramco and more achieve the GCC leaders’ visions for
a number of public entities in the
healthcare, services and energy sectors,
recently ADNOC, is a socio-economic reform and fiscal
balance.
as well as privatizing projects and having phenomenon that most
them delivered on a PPP basis. by Cynthia Corby, Audit Partner and
Construction of mixed-use schemes is economies go through Infrastructure & Capital Projects Leader,
being planned in the Kingdom, some of as they start to mature Deloitte Middle East
which are The Heart of Jeddah, a major
economic development with business and change to a more
and residential areas and commercial
private sector-led
facilities in the north of Jeddah. Rou’a Al
Haram and Rou’a Al Madinah, each economy.
valued at $10bn and part of Vision 2030,
will include residential and commercial
09
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
10
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
11
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Multiplex is a leading international change happening towards the end of collaborative approach with clients and
contractor with more than 55 years of 2018, when market conditions are likely project management consultants (PMCs.)
building experience and significant to improve and all participants, including Multiplex believes that consultation and
presence in the Middle East since 1997. employers, contractors and funders will collaboration significantly improve the
At a time when the region and the contract in a more measured way. progress and quality of projects, and, as
industry have been subject to significant such, they work together with their clients
change, the company has performed When speaking about the company and delivery partners from the outset,
solidly and completed more than 50 and their goal, he says they are not just including them within the team. This
major projects since their establishment limited to on-time and on-budget delivery usually gives them a clearer
in the region. Projects include the W of projects but exceeding clients’ understanding of clients’ objectives,
Hotel in Doha, Emirates Towers expectations, adding genuine value to makes it easier to anticipate challenges
(commercial tower), The Index and Gate projects by leveraging their experience and remain flexible to deal with complex
Buildings in DIFC, JW Marriott Marquis and knowledge from their global network. and dynamic situations.
Hotel and the Address Boulevard in On each project, appointing dedicated
Dubai, Eastern Mangroves and the team leaders who think like owners, Over the past five years they have looked
Westin Golf Resort & SPA in Abu Dhabi. champion the project and guide at diversified projects, such as schools
Multiplex operates and delivers in all progress. “When others say it cannot and malls, and continue to play to their
aspects of the property cycle, and be done, we deliver.” strengths that reside in commercial
continues to play to their strength, which construction. They are selective in
is major commercial construction. With He believes key to their success to date choosing the projects to bid for and will
an established presence both in the UAE is taking a long-term view, partnering only proceed where they believe the
and Qatar, the company continues to with clients and communities to create project will be profitable, whether small
pursue opportunities in other GCC enduring benefits for all stakeholders. or large scale. Over fifty percent of their
countries. Multiplex has a proven ability to deliver contracts are design and build (D&B),
large-scale and complex landmark being this their preferred delivery route
We spoke to Marcus Truscott, Managing buildings and commercial structures. as they have proven over time that their
Director at Multiplex Middle East, who design teams spend more time on build-
shared his views on the industry at He thinks their clients choose them only projects.
present, some of the key challenges for their innovative excellence, with the
being faced and the future outlook. key being that innovation and creative On industry challenges, he mentions the
Marcus expects to see some positive thinking are usually the result of a major ones are delayed certifications,
delays in approvals of variations and
12
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
One of Multiplex’s strengths lies in Their corporate governance processes modelling (BIM) on every project several
appropriately applying these principles are robust and encompass local and years ago. They have also developed a
into a fully integrated management global credit committees, client due bespoke ‘jump formwork” system, which
system known as ‘BOS’ – the Multiplex diligence and the PMCs. It is key in this has increased the speed of construction
Operating System. This system economic cycle to assess the feasibility of significantly. Multiplex is also committed
encompasses not only key certified the project in order to appraise the to looking for sustainable ways to work
systems but also those disciplines that paymaster’s ability to raise capital and and deliver projects and are using bio
are the cornerstone of their business, funding, and hence secure timely fuel instead of diesel and more recently
including customer relations, operations payments for the contractors. Marcus solar energy for power & water
(design, programming, logistics) also highlights the importance of regeneration projects.
marketing, people, accounting, safety and cooperation amongst PMC’s, and says
sustainability. Multiplex has all of these that a good PMC has the drive to Multiplex remains focused on their
systems working cohesively, meshing as complete the project, is proactive, approach, their diligence and their
appropriate in order to deliver efficient, collaborative, and focuses on progress building systems working cohesively, in
consistent, and seamless high- and delivering on time. Contractors are order to deliver efficient, consistent, and
performance outcomes for clients. happy to be pushed on time and delivery, seamless high-performance outcomes
but need to be backed up with timely for their clients in this demanding
A highly-skilled staff base also gives them approvals of variation orders and a economic environment where demands
the ability to better deliver their projects sensible assessment of the time and cost revolve around acquiring more for less.
with a loyal workforce which reduces the impact of changes.
learning curve and builds critical skills Marcus Truscott, Managing Director
across all jobs. The senior management In a rapidly changing technological of Multiplex ME
team members have been in the environment, the construction industry is
company for over a decade, and the one step behind many others in terms of
labor force is trained in training camps technology adoption. On this arena,
the company has set up to ensure all Marcus thinks 3D printing will shape the
labor develops the requisite skills to industry in the future and mentions thin
maximize productivity and efficiency. margins to be an inhibitor towards
They also provide long service incentives technological advancement. The
to their staff and a labor education fund company promotes innovative building
for their dependents, which they believe methods, which have provided very
improves productivity and loyalty to the efficient and effective building processes.
company. They introduced building information
13
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Investing in innovation
in the world’s largest
airport
14
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
15
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
At Dubai Airports having a long-term view 2018 traffic across both of our airports, passengers. Current legacy thinking
is an absolute necessity and each DXB and DWC, is projected to exceed has also produced a series of vertical
progressive year gives us the opportunity 91 million. In the long-term Dubai’s solutions for our customers to pass
to track progress and reaffirm our geocentric location, open skies policy, through horizontally – during which they
strategic approach. While we are mindful which promotes traffic expansion, and are massed together into queues. This
of short-term fluctuations to regional and the city’s continued emergence as a is not modern thinking. Today’s most
global traffic volumes due to socio- leading center for trade, commerce and successful companies start with the
economic factors, we must also consider tourism will continue to spur traffic customer. Examples of this abound.
macro-economic factors and emerging growth. By 2025 we will see passenger Uber, Amazon, Facebook and eBay all
trends that will shape our world 10 years traffic levels rise to 120 million. take what customers hate about taxis,
or more from today. All of these elements shopping, communication and selling
are ultimately factored into the Accordingly, we are solidifying plans to things – and eliminate all the hassle
investment strategy which ensures the accommodate increased passenger from their chosen industry.
provision of timely capacity to numbers and growing cargo volumes.
accommodate growth. That in turn While we continue to invest sufficiently As an industry, we need to foster
enables the continuation of the sector’s in cost-effective connection services and an environment which is genuinely
significant contributions to the local GDP infrastructure, scale cannot and will not collaborative. An environment that
and employment levels, which are be our sole focus going forward. Our DXB uses a common language, has common
estimated to rise to $53.1 billion or Plus program, for example, is designed to objectives and does not hide behind
37.5% of GDP and 754,500 jobs or 29.5% generate capacity of an additional 28 boundaries. We need to eliminate weak
of employment by 2020, according to million passengers per year without links. The most intrusive processes in
Oxford Economics. building anything. Technology and travel revolve around documentation,
process will boost DXB’s capacity to 118 validation and security. And these occur
As a case in point we can look at 2017 million by 2023. In a nutshell, we are multiple times during the course of a
results where we achieved some 89 investing in innovation to extract optimal single journey. The processes on the
million passengers despite numerous value out of our most important asset. ground are the weakest part of the
challenges to growth, including laptop Historically the industry’s approach to aviation supply chain. Legacy thinking
bans, visa restrictions, geo-political capacity expansion has been all about would lead to the conclusion that the
issues and the resulting fluctuations in investing in bigger and bigger facilities industry must strengthen the weaker
consumer confidence and demand. In to accommodate more and more links. Forward thinking would suggest
that we eliminate them all together.
Our DXB Plus program, for example, The power of the customer to select the
most convenient components of their
is designed to generate capacity of end-to-end journey must drive the design
of airport infrastructure, processes and
an additional 28 million passengers technology. The definition and adoption
of global industry standards for initiatives
per year without building anything. such as a single biometric footprint will
transform the customer experience, by
Technology and process will boost enabling a one-time capture of data
which can then be used at multiple
DXB’s capacity to 118 million by 2023. points in the customer journey in a
seamless and non-intrusive way.
16
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
17
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
18
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
VAT implementation
What does it mean for the
construction industry?
19
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
With its unique practices and latter may benefit the customer, it can persons only if they are unable to recover
arrangements, the construction industry also cause problems for commercial VAT in full, such as because they also
faces a number of challenges and relationships. perform exempt or non-business
complications with respect to the activities. Suppliers should be sensitive
application of VAT in the GCC. Saudi Arabia has introduced some to this during price negotiations.
grandfathering provisions that allow zero-
With a significant focus being on rating to continue for contracts entered In the context of commercial leases,
development in the region, and with into before May 30, 2017 but only until landlords may wish to consider different
large-scale commercial, residential, and the contract expiry or December 31, incentives for tenants that make exempt
infrastructure projects ongoing, it has 2018, whichever occurs first. The UAE has supplies (e.g. financial institutions). That
been critical for the authorities to indicated that it will allow businesses to said, many larger institutions that make
develop specific rules to ensure that the charge VAT in addition to the price in significant exempt supplies can employ
VAT system is fit-for-purpose by the time cases where the contract is silent about other strategies to address the blockage
of the introduction of VAT on January 1, VAT and the customer can recover VAT on VAT credits. For example, they might
2018. With this objective, however, come in full. Obviously, there are terms and incorporate separate taxable supplier
special rules to benefit the industry, and conditions for both, but it provides entities to act as the landlord in respect
with special rules, comes a complexity some relief. of property used by the exempt supplier
that creates an environment of risk that so that they can manage the timing and
needs to be mitigated through the In Saudi Arabia, any contracts agreed cash flow impacts of the VAT as a cost to
adoption of appropriate controls and after May 30, 2017 are obviously still at them.
processes. risk, as the transitional provisions will not
apply. The same is true for contracts that While this does not have the effect of
With the deadline for the introduction were signed prior to May 30, 2017, and ridding them of the VAT burden
of VAT in Saudi Arabia and the UAE which will continue. So a major area of altogether, it can have the effect of
having recently passed, and while for potential risk still exists for any contracts altering or delaying the timing of the
other GCC member states it is still agreed before the implementation of VAT negative effects of VAT on businesses
looming, we look at the main challenges but which will be executed or delivered that cannot recover VAT as an input tax
for this transitional period, and beyond it, after it. credit.
below, with some suggested options for
addressing them. Barter and incentive transactions
The UAE has indicated Property transactions often involve
Lead times on major projects
Lead-in times for major construction
that it will allow considerations other than, or in addition
to, money and this can cause complex
projects can be extremely long and a businesses to charge VAT VAT problems. For example, an exchange
large number of the major projects due of property interests such as the
to be delivered over the next few years
in addition to the price in surrender of an old lease in exchange for
will not have had VAT factored into them cases where the contract the grant of a new lease, or a sale and
on the cost, revenue, or commercial leaseback transaction, may take place
side. A significant number of contracts is silent about VAT and without a clear exchange of money.
understandably do not include VAT
the customer can These are barter transactions and it is
clauses designed to protect the supplier important to analyze the VAT implications
and/or customer, where ideally these recover VAT in full. for each party and to ensure there are
would be expected in jurisdictions no unexpected VAT costs. Failure to
where VAT is in place. Property developer commercial recognize these transactions could result
challenges in penalties.
As a result, parties to such contracts are For reasons apparent below, we have
faced with few options. Either they rely on dealt with residential real estate Issues often arise when the two parties
any transitional provisions that may be development separately from commercial either ignore the transactions, as they
included in the relevant domestic VAT law, real estate. do not go through the accounts, or they
or they renegotiate their agreements to account for them at different values. This
put an appropriate clause in place, or The development and charging of VAT is an easy target for the authorities in
the supplier is forced to take a hit to the on the supply of commercial buildings such situations.
profitability of the contract. While the creates an additional cost to taxable
20
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Similarly, it is relatively common for for work completed – the date of the What is clear from the above is that the
property developers, particularly in the original invoice, the date of certification, ability for a construction company to
retail, office, and industrial markets, to or the date of the amended invoice, pass on the full impact of VAT to property
offer rent-free periods and other based on the values certified. As services developers depends on whether
incentives to prospective tenants. This are usually required, for VAT purposes, developers will be able to claim a full
can trigger a VAT liability for the tenant to be accounted for when completed, VAT credit. A developer’s VAT recovery
and the landlord if it is determined that we would generally suggest that this is position will be determined by reference
something additional has been supplied treated as when the work is certified, to the VAT treatment of the real estate
in return for the incentive, for example, and the final invoice is issued, rather than transactions that the developer enters
building works. when the initial invoice/claim is made, for into.
the simple reason that it is only at this
Furthermore, some jurisdictions seek to stage that the ‘completion’ of services is Cash flow
deem a market value for rental during a confirmed. One of the biggest concerns for the
‘rent-free’ period, requiring the landlord whole property sector will be planning
to account for VAT, especially if it is not a Residential property its cash flows. The sector, which often
lease between arm’s-length parties. This The development, construction, and operates on thin margins, could be
is regardless of whether the ‘rent-free’ supply of commercial, industrial, and under pressure in terms of meeting
period is effectively subsidized by the retail properties and infrastructure is the additional requirement of paying 5
higher rental received during the subject to VAT at the standard rate. The percent VAT on the purchase of goods or
remaining term of the lease. treatment of the supply of residential services each month or quarter on an
real estate is different for a variety of accruals basis.
Mixed-use properties policy factors.
For companies engaged in the supply of Conceptually, this should be offset by
both exempt (residential) and taxable In the UAE, the first supply of residential claiming refunds of such VAT from the
(commercial) properties, the impact could premises is zero-rated if it occurs within relevant government where the net
be significant, as there will typically be three years of completion of the amount of VAT due payable/refundable
complicated calculations for the recovery premises. As long as that first supply is a dictates. However, the payment of
of proportionate input tax credit for each sale, this allows the VAT incurred during those refunds, in practice, could take a
accounting period. Any mistakes in the the construction process to be recovered substantial amount of time, which will
calculations will make VAT an additional and the VAT has no impact on the costs still impact on cash flow.
cost for the business, impact its of construction. As a result, the VAT
competitiveness, and may give rise to passes through the chain to be deducted Hopefully, by now businesses will have
penalties. by the developer. performed a comprehensive impact
assessment to determine the additional
The development, Where the first supply is a lease, every cash flow requirement and the impact
subsequent supply, whether a lease or on working capital to identify additional
construction, and supply sale, will be treated as exempt. The funding if necessary.
21
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Real estate
development
funding squeeze
Myth or reality?
22
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
23
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
In the UAE, whilst there In the current economic environment, In the UAE, whilst there may be isolated
there is a prevalent notion that bank cases of individual banks facing liquidity
may be isolated cases of lending has been constrained from both shortages, the overall picture is of a
1,100
1,000
900
Jun-14 Dec-14 Jun-15 Dec-15 Jun-16 Dec-16 Jun-17
24
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
The reality is that the same table also Most common areas where borrowers
applies to banks today. Indeed, in times fall short are:
of higher market risk, one would
reasonably expect credit committees to 1. Requesting much higher loan to
require (1) lower loan to construction construction values
values (2) additional security (3) tighter 2. Requesting banks finance part of
tenor profiles and (4) more aggressive the cost to purchase land
margins. 3. Project business plans are not fully
funded – reflecting potential future
Our experience is that, whilst there is an funding shortfalls during construction
overall heightened level of caution when 4. Proposals not having the required
appraising lending opportunities, overall equity commitment levels and/or
credit terms are largely the same in the alternative unencumbered cash flow to
current environment for well-structured service debt until the particular project
and appraised credit applications. is in a position to generate its own
cash flow and meet covenants
Where most borrowers fall short
We often see potential borrowers failing In the last twelve months, both in the
to secure funding because they do not UAE and in KSA, we have assisted
meet the above lending policies. borrowers in attaining approval for
25
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Bank debt is not the only funding requests (circa AED 3 billion deal • There are a limited number of quality
flow) that are on better terms than the lending opportunities in the market;
form of debt that is general credit policies stated above due • Borrowers expect banks to take equity
to the commitment, transparency and risk with minimal, if any, commitment
available to borrowers; overall “deal readiness” that was coming from borrowers themselves;
there are other forms of forthcoming from these borrowers. and
• Loan pricing requests are typically
debt that cost more than We have witnessed bilateral deals for reflective of AA rated investment grade
bank debt and if used loan amounts that would typically be returns rather than the actual risk that
financed by a club or syndicate of banks loans are requested to fund.
correctly can help and in some cases with much higher loan
borrowers fund their to construction values than are the norm. Bank debt is not the only form of debt
that is available to borrowers; there are
projects. Our experience is that lenders are other forms of debt that cost more than
competing heavily with each other to bank debt and if used correctly can help
secure good quality, well-prepared borrowers fund their projects.
business plans, borrowers and mandates.
Critically, very few borrowers understand
Indeed, lenders typically have a number the risk and cost allocation across the
of complaints, which we feel are a different stacks of capital. The below
recurring theme: table is a basic overview of this risk and
cost allocation:
Bank debt – senior lenders 4%-6% • Typically fund mature operating businesses
with steady cash flows.
• Repaid in priority and rank to other forms of
capital, with security in place. Do not enjoy
equity upside.
Higher yielding non-bank debt 7%-10% • Repaid only after senior lenders are repaid.
• Carry a second charge on security behind
senior lenders.
• More flexible terms compared to banks with
regards to amortization and debt servicing
requirements.
Mezzanine debt 12%-18% • Fund gaps between equity and senior debt
requirements.
• Often with limited security but with noted
share pledges.
• Enjoy limited, contracted equity upside.
• Very flexible terms compared to banks, such
as minimal or no amortization and flexible debt
servicing and/or interest roll-ups.
26
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
27
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
KSA’s engineering
& construction
sector 2017
Who dares wins
28
28
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
29
29
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
The Kingdom of Saudi Arabia’s international markets, and that the contracting culture. The market was
engineering & construction (E&C) sector foreseeable trend will have an ever characterized by very poor project
is in the throes of a once-in-a-generation increasing number of major stakeholders delivery performance, which was often
disruptive change which is precipitating exploring ways of leveraging leading accompanied by wasteful and very costly
radical innovation. The long-term industry practices to gain competitive actions of dispute.
sustainable future of many major business advantage.
businesses within this market segment is The failure of the Channel Tunnel Project
being shaped by their ability to create This is hardly surprising when one (10 workers killed, 80 percent over
new and modern built-asset solutions considers that the major economic and budget, two years late) created a major
that customers want to buy and/or invest social drivers guiding the KSA markets industry inflection point and contributed
in whilst optimizing the operational search for improved project delivery significantly to the British government’s
performance and efficiency with which performance, in many ways echo decision to demand change.
such products and services are delivered. historical conditions in other parts of
It could be said that the essence of the the world. Of particular consequence With the support of the country’s
Kingdom’s Vision 2030 plan has well and is the extent to which these conditions construction industry leaders (Sir John
truly taken root, and that the race to precipitated a complete cultural and Egan – Rethinking Construction, 1998 and
establish market relevance under a systemic step-change in the way these Sir Michael Latham – Constructing the
revised demand and supply compact is markets elsewhere went about correcting Team, 1994) a new order was ordained
most definitely on. the inefficiencies of their outdated capital which realized a fundamental step-
project delivery and contracting change in the overall approach to capital
Few would disagree that the basic approaches. project delivery.
economic fundamentals that underpin
KSA’s E&C market remain sound, albeit
temporarily constrained, and that the It could be said that the essence of the
sector has a major role to play in
contributing significantly to the overall Kingdom’s Vision 2030 plan has well
growth and prosperity of KSA as a nation
whilst extending and diversifying its and truly taken root, and that the race
economic activity in neighboring and new
markets alike. However, many would to establish market relevance under a
acknowledge that the successful
realization of any future strategic revised demand and supply compact is
ambition will undoubtedly depend on the
rate and pace at which the industry can most definitely on.
realistically modernize and transform
itself, or more pointedly normalize to a The E&C sector in KSA maintains a rather What became known as the ‘Egan &
level of competitive parity with similar traditional composition, which in many Latham era’ produced a new philosophy
international markets. ways resembles that of Britain up to the that incorporated the tenets of enhanced
mid to late 1990s. During this period the partnership, smart procurement & supply
KSA’s rapid transition to a competitive market was severely depleted of chain management, collaborative working
market paradigm is being led by one adequately skilled resources due to arrangements, integrated data
unescapable reality, that the traditional decades of underinvestment in management practices, equitable risk
rule book for capital project delivery infrastructure, economic pressure, and sharing, and ‘open-book’ contracting with
within the Kingdom is being progressively poor industrial relations, which in itself performance-based incentives.
superseded by modern standards that supported an environment of predatory
have become commonplace within many tendering accompanied by an adversarial
30
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Equally, this era saw the rapid challenges can be simply overcome delivery teams, active risk management, a
advancement of technology enable through the reconfiguration and/or focus on early scope definition supported
project delivery systems, which sought to upgrade of existing enterprise resource by robust change control, and a
help bridge the capacity and capability planning (ERP) and enterprise consistent requirement to work with best
gaps through the deployment of program/project management (EPPM) of breed delivery partners with proven
sophisticated digital platforms. The rather technology platforms is flawed. Complex capability.
unfortunate side effect, and continued capital projects demand significant
legacy, of this widespread technology financial resources, and require The KSA E&C sector is primed and ready
adoption is that many of the available significant contributions from all critical to take advantage of the lessons learned
solutions are often directed at a data- business dimensions, e.g. policy, from other global centers of excellence,
centric rather than information-centric standards, people, processes, systems, and the first adopters who are able to
agenda, which to this day continues to tools, etc., all of which need to be package these solutions for the domestic
frustrate the industry, to the extent most expertly guided by a strong and credible market will undoubtedly have the upper
of the recognized technology providers leadership – a holistic challenge that hand in what will become an increasingly
have not yet cracked the proverbial nut requires a holistic solution. competitive industry. Suffice to say…who
as far as the E&C sector’s core data dares wins!
objective is concerned i.e. reliable
Credible, trustworthy
knowledge that supports decision- by Sheldon Morris, Vice President of
making. information is a El Seif Engineering Contracting
31
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
IFRS 15 disclosure
requirements
Are contractors
ready for it?
32
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
33
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
and uncertainty of revenue and cash will impact all entities – including
contractors. IFRS 15 is effective for
34
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Entities shall disaggregate revenue Entities shall disclose: Entities shall disclose: Entities shall disclose the
recognized from contracts with (a) the opening and closing (a) when the entity typically satisfies significant accounting estimates
customers into categories that balances of contract assets its performance obligations and judgments made in
depict how the nature, amount, and contract liabilities; (b) the significant payment terms; determining the transaction price,
timing and uncertainty of revenue (b) revenue recognized in the (c) types of warranties and related allocating the transaction price to
and cash flows are affected by reporting period obligations. the performance obligations and
economic factors. - that was included in the determining when performance
contract liability balance at the obligations are satisfied.
beginning of the period; and
- from performance obligations
satisfied (or partially satisfied)
in previous periods.
Potential challenges
Contractors should exercise Have contractors considered Have contractors considered Contractors should exercise
judgment to categorize their the current capability of their whether their contracts include a judgment and be able to
revenues. Some of the categories accounting systems? Is the significant financing component, demonstrate the viability of their
can include, but not limited to the system able to extract the paying particular attention to forecast on when they expect to
following: quantitative information unusual terms in the contract in recognize the revenue related to
- market or type of customer required? relation to advance payments and unsatisfied or partially unsatisfied
(i.e. government or private) collection of certified amounts? performance obligations.
- type of contract (i.e. fixed-price Have contractors considered the This consideration is likely to
or re-measurable) need to upskill their existing require significant judgment and Do contractors have written
- geographical region (i.e. country finance function? a greater collaboration between policies describing:
or region) tender, project and finance teams - the methods used to recognize
in order to obtain the relevant revenue (description of the
Have contractors considered the information to assess this output or input methods used,
current capability of their requirement. how are these methods
information systems? Are they applied)?
able to monitor their contracts - how variable consideration is
based on the applicable category estimated and whether this is
to facilitate the disaggregation constrained or not;
process? - how highly probable revenue will
be defined and described to
comply with the requirements
for recognizing variable revenue;
- how obligations for warranties,
decennial liabilities and other
similar obligations are
measured;
- the judgments made in
evaluating when a customer
obtains control of the project?
Have contractors considered the
current capability of their
accounting systems to facilitate
the extraction of this information
considering the number of
contracts maintained?
35
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Does the requirement expose the Does the requirement highlight Will the disclosure of significant Does the requirement expose the
contractors’ market share to the information that could allow financing components included contractors’ budgets, targets and
readers of the financial readers of the financial within contracts hinder any future future cash flows related to its
statements, including its business statements to decipher the negotiations with customers and ongoing and confirmed projects
strategy while on the other hand amount of excess billing financers? Furthermore, will this in pipeline (excluding cancellable
allowing key stakeholders insights compared to the performance provide competitors with insights wholly unperformed executory
on how the business is being obligation satisfied as at reporting into the entity’s business model? contracts) to the readers of the
managed? date and long-outstanding financial statements?
satisfied performance obligations * Disclosures on unsatisfied
not yet billed or collected? performance obligations should Will this requirement provide a
not be confused with the order benefit to the stakeholders by
book, as these two can actually informing them if the entity will be
differ (for example, IFRS 15 able to continue to operate in the
disclosure may exclude foreseeable future due to the
cancellable executory contracts disclosed expected revenue on its
as per IFRS 15 paragraph 12, or existing contracts?
IFRS 15 disclosure will reflect
constrained revenue, which may
be markedly lower than what is
really expected). Some entities
may choose to make separate
“order book” disclosures, which
should be reconciled to the IFRS
15 disclosures.
Sources: https://www.iasplus.com/en/standards/ifrs/ifrs15
With the advent of the effective date of standard will have on the opening 1. This article provides a summary of the key
disclosure requirements in IFRS 15 Revenue
IFRS 15 on 1 January 2018, there is balances as at 1 January 2018 to realign
from Contracts with Customers and provides
currently no room to deliberate. the existing accounting policies with potential challenges and possible commercial
Contractors have much to consider IFRS15 as well as determining the future sensitivities. However, this article does not
including: accounting policies and preparation of cover all the required disclosures either by IFRS
15 or any other standards. Therefore, this
• the capability of its current information the information required to meet the
article should not be taken as a replacement for
systems to support the new accounting disclosure requirement in its next a need for any accounting consultation nor
and disclosure requirements, financial statements. For contractors that should be treated as accounting advice.
• the need to upskill finance and have taken unapproved variations and
operational employees and enhance claims to book under IAS 11, where they by Jaimi Raikundalia, Audit Principal,
their collaboration could meet the threshold of “probable” Meanne Rose Franco, Audit Principal,
• the commercial impact on the choices it now have to reassess if these claims and and Jonathan Mandon, Audit Manager,
makes on disclosures requirements variations meet the threshold of “highly Deloitte Middle East
• the transition choices it elects to adopt probable” under IFRS 15. Such an
assessment could lead to material
For contractors that have not yet adjustments to revenue on transition to
assessed the impact of IFRS 15 on their IFRS 15 which is required to be disclosed
contracts, there is much work to be in the current year financial statements.
undertaken to assess the impact this
36
37
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
38
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
39
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
In light of slow economic In light of slow economic recovery on a includes those of thermal, nuclear, gas
global scale, there has been a lack of and oil-fired, hydro, wind, solar and
recovery on a global growth in the electric power sector biological power plants. It has
globally, marked with a slowing down of distinguished itself with strong
scale, there has been a project awards overall, and subsequently capabilities across the power industrial
lack of growth in the intensified competition among chain to deliver tailored solutions as an
engineering, procurement, and EPC contractor, or a variety of forms that
electric power sector construction (EPC) contractors. This is include EPC+Operation, Built-Own-
globally, marked with a particularly the case in the Middle East Transfer (BOT), Built-Own-Operate (BOO)
region, where the new normal of and Project-Management-Contract (PMC)
slowing down of project sustained low oil prices has led to fewer basis. In the Middle East and North Africa
40
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
acquired experience and knowledge of update. Such ambiguity inevitably led to In consideration of market requirements,
the local operating environment. Then, inconsistent enforcements, and the company focuses on project delivery
during the third phase from 2016 until subsequently room for rent seeking in select markets to build solid
today, the company has built a large behavior and an arbitrary approach credentials and let its track record speak
pipeline of achievements via continuous towards market participants, which could for itself, which then paves the way for a
wins and consistent project delivery, and be prohibitive for foreign companies who sustainable business expansion across
benefits from its strategic partnership lack the market experience and know- the region with continuing collaboration
with reputable developers, which include how to navigate such conditions. with existing project owners as well as
ACWA, Marubeni, Mitsui and NG. Competition-driven pricing pressure is building a growing network of strategic
another area Mr. LIU brought up as an partnerships with key international
Speaking about his experience in growing important consideration for power financial institutions, design agencies and
the business, Mr. LIU highlighted the contractors. He noted that, during the equipment providers. Such an approach
challenges associated with market past year, the average price level had has landed the company repeated
requirements, regulatory ambiguity and decreased by 10 percent compared to contract wins with key market project
competition-driven pricing pressure. the previous year. This is largely driven by owners across a broad spectrum of
the limited number of independent power mandates, including Noor II/III
On market requirements, the main power producer (IPP) projects in the Solar CSP power plant (Morocco),
regional markets, in particular the GCC market, and too many companies joining IBRI/Sohar/Salalah natural gas power
countries, tend to adopt American and the competition. Despite these plant (Oman), Yanbu Power and Water
European standards when it comes to challenges, Mr. LIU stressed that the project III (KSA), Samara Phase IV (Jordan.)
equipment as well as infrastructure company has adopted measures to
building practices and codes. This ensure their interests are protected and In dealing with regulatory ambiguity,
presents practical challenges when lessons learned. Mr. LIU mentioned that over the years
SEPCOIII wishes to leverage its global they have learned the lessons from first-
resources to deliver efficiently on local
projects. The company has to invest time
in identifying the differences between
Chinese standards and the market-
Regulatory ambiguity is another area
required American/European standards,
and it also needs to invest resources to
which Mr. LIU felt had significant
reconcile the differences and tailor its
overall solution to meet market
impact on how they do business in the
requirements. This comes in addition to
demonstrating to local developers that
region. Unlike mature markets, many
the company has the capability to deliver
on standards as per their request.
of the laws guiding the industry tend to
Regulatory ambiguity is another area
be less precise and government/legal
which Mr. LIU felt had significant impact
on how they do business in the region.
procedures less linear; at the same
Unlike mature markets, many of the laws
guiding the industry tend to be less
time regulatory measures associated
precise and government/legal
procedures less linear; at the same time
with laws are often subject to constant
regulatory measures associated with laws
are often subject to constant change and
change and update.
41
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
For highly technical hand working experience in target a workforce owning the right mix of
markets, and have gradually developed skills. For highly technical aspects of
aspects of the project, an approach to best protect their the project, such as high pressure pipe
business from associated risk factors. welding, electrical equipment debugging,
such as high pressure Measures have been taken to ensure SEPCOIII usually sends its well-trained
pipe welding, electrical relevant considerations be factored into workers from China to lead the work,
its project tenders and contracts. For this, whereas for civil work and steel
equipment debugging, the company enlisted support from structures, the company will leverage
SEPCOIII usually sends professional consultants and legal the competitive subcontractors locally
advisors. During the project to deliver the work.
its well-trained workers implementation process the company
from China to lead the hires local talent extensively for its
project management team across
Speaking about the importance of
funding in recent years, Mr. LIU
work, whereas for civil regional markets, and partners with acknowledged the increasing role that
quality local subcontractors, to ensure funding capabilities play in securing
work and steel a smooth execution on the ground. project wins and getting projects started
structures, the company across the region. For traditionally
Addressing the competitive pressure, resource-rich countries like the GCC,
will leverage the Mr. LIU acknowledged that SEPCOIII shrinking public funding as a result of
competitive is facing fierce competition from all sustained low oil prices has led to an
directions – companies from mature increasing willingness of governments to
subcontractors locally markets, such as Europe, the US, Japan embrace private sector participation in
and Korea, with a strong reputation, satisfying the demands of power
to deliver the work. technical capabilities, and strong funding infrastructure developments. For
support, as well as companies from China countries with a shortage of resources,
willing to undercut competition on price such as other MENA countries (Jordan,
and competing with similar sources of Egypt, Morocco among others),
Chinese financing. Mr. LIU emphasized governments are eager to tap into
that for SEPCOIII the importance is to additional financing to get the much
play to its own strengths, in particular, needed power projects off the ground.
a well-balanced solution combining With China’s Belt and Road Initiative
world-class technical capability and focusing on this region, SEPCOIII, as a
highly efficient project execution skills. state-owned enterprise, has the natural
Compared to other Chinese contractors, advantage of financial backing from
SEPCOIII is well versed in the most Chinese FSIs as well as its parent group
advanced international technology and PowerChina. However Mr. LIU is more
standards in its space, having worked on realistic about how much leverage it will
complex overseas projects and partnered allow SEPCOIII in terms of project wins.
with leading global power developers for For projects supported by bilateral
years across many high-end markets. government agreements between China
Compared to other international EPC and target markets, Chinese contractors
contractors, SEPCOIII has demonstrated could benefit from having such financing
stronger on-site project management support from Chinese FSIs. However, for
capability, with a reputation for timely other projects on commercial terms,
delivery. This is achieved by having rates offered by Chinese FSIs don’t always
assembled efficient on-site project teams compare competitively against European
with experienced management staff and or Japanese FSIs in the international
42
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
43
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
44
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
45
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Summary • More parties are trying to terminate because employers are using it as a
Like much of the UAE, the construction their contracts as a result of all these tool to get contractors to carry out
industry is being affected by an uncertain payment issues. However, termination additional work. Similarly, employers
economic climate and in particular the in these circumstances is always difficult are refusing to sign off the end of the
drop in the oil price. For the construction and sometimes the process is not defects liability period because they
industry, this means a lack of cash and administered correctly, which in turn are anxious not to relinquish potential
liquidity across the supply chain. As a can have significant effects on leverage over contractors and do not
result, projects are slowing down, being contractual rights (and payment) post- want to release retentions.
suspended or not completed at all. termination.
Employers are increasingly seeking to rely What’s happening in the legal
on their contractual rights and remedies
to avoid having to pay or to delay
The DIFC Courts have market?
• The DIFC Courts have launched a
payment. Meanwhile, contractors feel launched a new new Technology and Construction
that they have no choice but to initiate Division (the "TCD".) This is a positive
claims to get paid. All of this leads to a
Technology and step and shows an appreciation of the
very active disputes market. Construction Division importance of the construction industry
in the UAE. However, we are yet to
What's happening in the (the “TCD”.) This is a see how effective this will be in a new
construction market?
positive step and shows jurisdiction and, in a region that favors
• Contractors are seeing greater arbitration (largely due to its
competition for fewer contracts. This an appreciation of the international focus), the TCD's success
means they are reducing their margins is likely to rest on the specialist
in order to win work and the project is
importance of the construction expertise of the judges it
started on a tight budget, with little construction industry can attract.
room for contingency. This tends to
mean that parties are less likely to in the UAE. • The threat of potential criminal
work collaboratively to overcome any sanctions for bias is reducing the
changes and issues that (inevitably) • Bonds are being held by employers UAE’s attractiveness for experienced
arise during the project. Instead, both against contractors, and also by arbitrators and experts. The
parties have a tendency to focus on contractors against subcontractors. amendment to Article 257 of the UAE
payment and enforcing their strict Until recently, bonds were thought of Penal Code imposes the possibility of
contractual rights, often at the expense as being a "last resort" if there was no imprisonment on arbitrators and
of the longer-term needs of the project. other way to ensure performance of experts if they fail to perform their
a contractor/subcontractor (such as duties in accordance with objectivity
• Employers and/or contractors are liquidation.) However, it is becoming and integrity. Anyone accused of a
unable to finish the work because more common for bonds to be used criminal offence may have their
they run out of cash. This results in to put significant pressure on passport confiscated whilst the
some projects being abandoned mid- contractors/subcontractors. We are allegation is investigated. This is leading
way through. We are seeing some increasingly seeing employers or to some arbitrators, and even some
contractors still trying to get paid for contractors refusing to release a bond experts, declining instructions in the
legacy projects from 2008-2010 or at the end of a project. This compounds region. Some arbitrators are, instead,
earlier. the issue of decreased margins and insisting that the arbitration is held
makes the successful resolution of outside of the UAE - although this is
• Employers are not paying their disputes between the parties less, unlikely to help as they still need to be
contractors for variations, not paying rather than more, likely. physically present in the UAE to sign the
them on time or, in some cases, not award (otherwise the award itself may
paying them at all. This, in turn, is • Taking over certificates are not being be unenforceable.)
passed down to subcontractors and granted, as employers are worried that
suppliers; affecting the entire chain. contractors will then disappear without
completing the snagging and/or
46
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
• The long-promised Arbitration Law is market. There are lots of negative Communication is key.
still awaited, but is it just around the indicators including: the unpredictability
corner? With numerous drafts issued of Donald Trump, the nuclear threat from Being honest and open
over the years, the new Arbitration Law North Korea, continuing issues with
is highly anticipated. When it finally neighboring Qatar, and potential
early on in a project, and
arrives, the new law should provide a instability caused by Iran. fostering a collaborative
singular legislative framework for
arbitrations in the region and is However, it is not all doom and gloom, relationship (both up and
expected to be based on the well- and there are a number of positive things down the chain), can
respected UNCITRAL Model Law and on the horizon: The region has seen an
influenced by Egyptian arbitration law. increase in solar power projects (with really help to identify
The introduction of a domestic
arbitration law ought to be welcomed
Abu Dhabi announcing plans to build the
world's largest solar power plant in a
issues early on and find
by the construction sector. project worth $870 million.) Dubai is an amicable way to deal
gearing up for Expo 2020 and Qatar is
• Contractors and suppliers in the gearing up for the World Cup in 2022,
with them.
region need to register for VAT. A new both of which are causing an increase
all the difference if issues are escalated
law put into effect on January 1, 2018 in developments and hope to produce
to a formal dispute. One particular
will require all those who supply goods significant income for the region (as well
issue we are seeing is where
and/or services to register for VAT. as, hopefully, some cash flow in the
contractors feel unable to rectify
Given the current low margins and the construction market.)
meeting minutes. Although not ideal,
value and volume of contracts that
an accurate and detailed internal
contractors have in place at any one In recognition of the continuing issues
record setting out why the meeting
time, "sticking VAT" could become a real surrounding the oil market, we are seeing
minutes cannot be amended will assist
burden for them. the UAE diversifying from the oil industry
in a dispute.
with projects such as the Emirates Global
• The Judicial Tribunal (JT) continues to Aluminium’s $3 billion Al Taweelah
3) Escalate issues for a prompt
assert its dominance. The JT has alumina refinery, Abu Dhabi Ports’ Khalifa
resolution – waiting rarely, if ever,
emphatically confirmed that the DIFC Industrial Zone Logistics Park (which
helps. Problems tend to continue
cannot simply be used as a conduit involves the construction of 100
escalating throughout a project, with
jurisdiction for the recognition and warehouses), and Abu Dhabi Industrial
each party becoming more and more
enforcement of domestic or City (where hydrocarbons-intensive
entrenched in their own position. If the
international arbitral awards in onshore industries have been one of the major
problem can be dealt with early and
Dubai. Whether or not the DIFC Courts areas of growth.)
head-on, then this can avoid it
can still be used as a conduit
becoming a much bigger problem
jurisdiction for enforcing foreign court What should parties do? Top 3 tips:
further down the line. Seeking advice
judgments is yet to be resolved. We Communication, records and
early on can help you avoid disputes
anticipate that it will be resolved in the escalation
rather than becoming embroiled in
next 12 or so months, so watch this 1) Communication is key. Being honest
them.
space. and open early on in a project, and
fostering a collaborative relationship
by Alastair Young, Partner and
So what’s next? (both up and down the chain), can
Suzannah Fairbairn, Associate, both
It seems that the oil price is unlikely to really help to identify issues early on
members of the Construction and
rise significantly and there is a risk that it and find an amicable way to deal with
Dispute Resolution Team in the Dentons’
will drop further. Either way, this will them. Even if problems cannot be
Dubai office
mean a continuation of the issues solved immediately, it will prevent
outlined above, with potential worsening them escalating to the point where
over time as the lack of cash flow they are out of control.
continues to bite.
2) Accurate record keeping. Whilst
While the UAE is stable, the wider keeping accurate records can seem
instability of the geopolitical climate will like an additional administrative
have an effect on the UAE's international burden during the project, it can make
47
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Causes of
construction disputes
in the Middle East
48
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
49
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
The economic slowdown caused by low Firstly: Poor contract drafting • Ensure that all known risks are
oil prices has negatively impacted the and risk allocation addressed in the contract with a clear
construction industry in the Middle East Proper contract drafting and a balanced and balanced allocation of risks
over the past years. Government risk allocation are the first steps towards between the parties
spending has decreased across the dispute avoidance. A sound construction • Ensure that clear consequences are
region, giving rise to various challenges contract reduces the potential of defined for the identified risks (e.g.
amongst construction companies and disputes to a great extent by addressing What would happen if a contractor
reducing the pool of available work for as many potential risks as possible. identified a discrepancy in an
the construction sector. The These are ideally drafted by experienced employer’s design? Would the
consequences include many contractors lawyers and/or contract specialists. contractor be liable to propose
having experienced delayed payments, Whatever the reason for not achieving solutions or should he wait for a
stronger negotiations over contractual sound contracts may be, the impact can resolution, and what happens if he
conditions and risks, lower profit margins be significant and is often felt during the doesn’t meet the agreed obligation?)
and other challenges. Claims have completion stages of projects.
therefore become a real method to Experience, continuous learning, and There are a number of major risks in the
generate revenue, not necessarily to development for commercial managers Middle East that should be dealt with in
increase profits, but to reduce the extent are needed when considering the various new construction contracts given their
of losses on some occasions. obligations and liabilities of the parties frequency and impact. These include
Disputes arise when claims are not related to a construction contract. agreeing on the delay analysis method in
resolved through the contractual There are some simple steps that can be extension of time claims, the criteria of
mechanisms agreed by both parties (i.e. taken to mitigate risk and ideally avoid demonstrating concurrency and its
an employer and a contractor.) Even disputes, namely: consequences, and the measurement
when these mechanisms are sound, • Apply a recognized standard techniques of prolongation, disruption
disputes may still arise due to lack of international form of construction and acceleration. These, among others,
proper application. Claims management contracts (e.g. forms issued by the could be potentially controlled, if
in general can best be described as International Federation of Consulting reasonably and clearly addressed at the
immature in the Middle East, which is Engineers or “FIDIC”) contract drafting stage, reducing the
reflected by the poor quality of claim • Use caution when making additions or probability of disputes.
documentation. Our experience shows changes to the adopted form of
that there are three main causes of contract and ensure that the full impact Secondly: Poor contract
disputes frequently seen in the Middle of the changes is understood administration and claims
East construction market, as further • Ensure that there are no conflicts with management
explained below. the applicable laws including, but not A review of construction claims in the
limited to, labor laws, health and safety, region suggests that the majority of
etc. claims are poorly substantiated and
prepared due to poor internal contract
balanced risk allocation are the first drafted contracts; in fact, the contracts
could still be well drafted but not well
50
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
51
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
52
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
53
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
There is no secret as to the challenges Examples of early adoption Further afield, in the Netherlands, the
that face the construction industry and Recent local and international examples world’s first 3D printed bridge was
specifically the delivery of capital projects. demonstrate the direction in which the opened to the public in October of 2017.
As the dozens of reports on the sector’s construction industry is traveling. For The bridge spans eight meters and was
productivity suggest; capital projects take example, the Dubai Government’s 3D made with 800 layers of reinforced, pre-
too long, cost too much and often fail to printing strategy has an objective that stressed concrete by printing machinery
fully meet the requirements of the 25% of every new building in the Emirate that only deposits concrete where it is
customer. should be 3D printed by 2025. The needed. The contractor commented that
strategy aims to “reduce labor by 70%, 3D printing the structure produced far
However, construction is on the brink of a reduce cost by 90% and reduce time by less waste than traditional concrete
transformation which will provide benefits 80%” across the construction, medical casting methods.
to industry stakeholders and society alike. and consumer product sectors.
If fully embraced, two new methods of With regard to BIM, the Dubai
working can deliver the sustainable Municipality mandated its use on all
productivity the global economy needs in
As the dozens of reports governmental projects in 2015, pre-
order to address rapid urbanization and on the sector’s empting the UK Government’s mandate
scarcity of resources. in 2016. Take-up in the region is
productivity suggest; beginning to accelerate, with early
The first is the digitization of assets capital projects take too adopters noting positive client feedback
through Building Information Modeling and huge improvements in the way it
(BIM). In short, BIM is the collaborative long, cost too much and accelerates and improves the design
production of a 3D representation of an
asset (containing geometric and non-
often fail to fully meet the process. Clients can now visualize and
understand the asset, in a way that was
geometric data) that is used to manage requirements of the not possible in the past. There are
this asset throughout its lifecycle. The numerous examples of projects that have
second is the application of lean
customer. adopted BIM in the region, most notably
management principles to construction. the award-winning Etihad Museum in
The principles originated from the This commitment is being backed up by Dubai.
automobile manufacturing industry and action. The Dubai Future Foundation’s
focus, among other things, on ‘just in time’ offices, opened in 2016, were 3D printed Delivering better value and efficiency
production, reducing waste and the use and assembled on site in less than three for all stakeholders
of stable and standardized processes that weeks. The structure cost $140,000 in One of the core principles of BIM and
are continuously improved. One example labor, plant and materials costs, which is collaborative design is that it shifts the
of how this is manifesting itself in estimated to be half the cost of a greatest effort level to earlier in the
construction is the use of modern comparable structure built using project lifecycle. Designers, contractors,
construction techniques, such as 3D traditional construction methods. The owners and operators are all involved
printing and modular, prefabricated Road and Transport Authority and the during the concept (or ‘scheme’) design
building products. Dubai Electricity and Water Authority stage by reviewing and optimizing a 3D
have also both made commitments to model of an asset before it is built. As the
Both methods will provide a much developing and implementing 3D printing design is finalized, its architectural,
needed increase in construction in their businesses. structural, mechanical and electrical
productivity as well as cost and time elements are integrated, reducing the
certainty that the construction industry In addition, across the GCC, governments need for costly changes on-site in the
needs in order to retain stakeholder are starting to emphasize and incentivize construction phase.
confidence and meet the needs of the use of modular, pre-fabricated
society. They represent a paradigm shift building products in order to boost the Based on this collaborative approach,
from the view that construction should construction sector and deliver affordable some of the benefits BIM can provide to
provide ‘more for less’, to ‘much, much housing to their citizens. clients and contractors are as follows:
more for the same’. • Ensures design integration is completed
before work begins on-site and
54
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
55
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
56
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
57
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
The UAE-headquartered construction Your main focus market is the UAE. organization, is implementing changes in
company Al Shafar General Contracting Do you have plans to expand your how we operate in almost every aspect of
(ASGC) was named ‘Contractor of the services across the region? our being. We have more than 30 live
Year’ at the Construction Week Awards We have a small set-up in Egypt which we projects at this point, and we use the
2017. With more than 16,000 staff and an are looking to grow, and are currently technology offerings of some of the best
annual turnover of approximately $1bn, looking at some specific countries in companies out there, including Oracle,
the group has maintained its leading Africa. Microsoft and IBM.
market position through the quality of its
operations, an extensive service offering, Big data is becoming Big data is becoming relevant in
sound client relationships and by construction. There are millions of data
demonstrating best practices. We asked relevant in construction. points or facts around us which we can
Bishoy Azmy, CEO and Executive Director, collect easily. If we analyze those, we can
to share his thoughts on the company’s
There are millions of data make better inferences about our
strategic plans and the future of the points or facts around us decisions and this affects our future
construction industry, generally. behavior. Different software now assist
which we can collect the construction process, ranging from
ASGC has been named ‘Contractor of easily. If we analyze estimation programs and e-procurement
the Year’ at the Construction Week to labor tracking and asset IOT
Awards 2017. How do you think ASGC those, we can make connectivity.
distinguished itself from the
better inferences about
competition and how have you Dubai aims to 3D print 25 percent
managed to develop to being a our decisions and this of its buildings by 2030. What do you
prominent home grown contractor think are the limitations posed by
that now competes with
affects our future 3D printing construction and how
international contractors? behavior. should this technology evolve? What
By focusing on our clients – how we can innovation initiatives is ASGC using
serve them better in all respects. We try or developing for the future of
and put ourselves in our clients’ shoes What is the strategic direction you construction?
and imagine what is important to them have set for ASGC for the next five 3D printing is certainly going to be
rather than be focused on what is years? become relevant to the future of
important to us. By doing that we • Organic growth buildings, globally and in Dubai. But
generally succeed in having their • Targeting even more complex, special, currently the lack of codes and proper
satisfaction and appreciation even if we challenging projects research on its safety and strength for
slip in some area which is not so crucial • Entering the infrastructure space mainstream construction is curtailing its
to them. • Expanding into Africa entry into mainstream construction use.
• Evolving use of technology
You delivered a number of The construction industry is making
prestigious projects in 2017. Are How is the group developing in steps towards sustainability and
there any projects which you are terms of systems, procedures and green building. Have you
particularly proud of, or which you technology adoption? Does your implemented any sustainable
feel were a new challenge for ASGC internal supply chain still give you an practices?
in terms of capability? advantage in terms of delivery as a Yes, we have. From the selection of
Delivering the country’s national museum main contractor? materials, to the usage of resources, to
celebrating the formation of the UAE, the We are adopting a lot of new initiatives the handling of waste. We have been ISO
Etihad Museum, is something we are very using technology. This is already starting 14001 certified for almost a decade but
proud of. Also Citywalk has turned out to to bear fruit. We have a chief information that is only the beginning of this
be the new destination for the city’s officer (CIO), who, along with the IT team important journey.
trendy pedestrians. and the various stakeholders across the
58
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
59
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
60
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Why is construction
productivity so low?
61
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
the world’s labor force construction sector has been negative. In 2. Physical: the more physical the
one sense, this says that the growth in nature of an industry, the lower the
and construction activity the value of the output is less than the productivity is, and, simultaneously,
representing up to 13 growth in cost and/or efficiency of the the more the opportunities for
construction labor force. This does not improving productivity through
percent of the global say that the total (labor, material and incorporating e (electronic),
Gross Domestic Product capital) productivity in construction is virtualization (e.g. models),
negative, yet, since construction is a applications (IT, Smart, BIM) and
(GDP), the size and labor-intensive industry, the effect of creating value virtually. Apparently,
labor productivity is significant. It is this cannot be the case in all aspects
importance of the important to observe that construction of construction, however, there are
problem makes it, at the productivity is low not only in Dubai or many examples where this concept
the region, but rather that it is a global applies. For example, when hard disk
same time, equally problem. With the construction industry drives (HDD) in computers became
compelling and, if solved, employing 7 percent of the world’s labor solid state drives (SDD), a big jump in
force and construction activity efficiency and speed, and reduction in
potentially rewarding. representing up to 13 percent of the size, temperature and noise resulted.
global gross domestic product (GDP), the
size and importance of the problem 3. Sequence-dependent: construction
makes it, at the same time, equally is a highly sequence-dependent
compelling and, if solved, potentially industry. As such, delay at any stage
rewarding. could propagate to affect the rest of
the activities. Again, labor costs
Needless to say that productivity, either money whether it is active or not.
of labor or as a total, has grown at a
faster rate in other sectors. The question 4. Inflexible: a study of many aspects of
is: “Why is construction productivity low the construction industry will reveal
and not growing as fast as other that, relatively speaking, little change
industries?” The obvious answer is that has taken place over the years in:
the development rate of the construction a. Contracts
sector is much slower than other sectors. b. Materials
So why is this? The answer lies in some of c. Methods
the sector’s current characteristics, which d. Requirements
could be addressed. For example: e. Standardization (vs. customization)
62
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
63
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
65
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
66
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
67
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
In terms of how we do Has your company adopted business efficiency. For example, we
innovative approaches over the past foresaw the importance of BIM in
business, we are actively years to improve the business? construction at a very early stage, and
We are fully committed to innovation started implementing BIM in our projects
diversifying our business as a way to continue our business even without it being a specific
model from general success, and we look at innovation in a requirement from the client.
broad spectrum of areas, including an
contracting to financing innovative approach around how we do We also were the main contractor to
and investment-driven business, and in terms of how we manage and complete the world’s first
leverage cutting edge technologies to fully functional office using 3D printing
engineering, improve our business. In this regard, technology in the Middle East – the
68
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
69
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
With 3D printing The industry is calling for more the improvements in quality, as reducing
efficient ways to complete the human interference will, by default,
technology, only one construction projects. How can new automatically reduce the associated
technology such as 3D printing human error, and ensure consistency
copy needs to be contribute to this, if at all? in the quality of construction output.
produced – thereby Efficiency will be achieved through the The third aspect is the contribution to
dual effort of improving productivity while environmental preservation and
minimizing and reducing abortive works. That is mainly sustainability. With 3D printing
eliminating most what technology has to offer. By technology, only one copy needs to
leveraging advances in the digital space, be produced – thereby minimizing and
construction waste. strict control of the construction process eliminating most construction waste.
70
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
71
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
72
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
73
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Development and construction providing services to development and opportunities to improve operations
companies in the world and in our region construction companies. The next and/or identify needs for further risk
are increasingly relying on third parties to question on everyone’s mind is: “What mitigation plans. Without this right to
run their daily activities and operations are those risks arising from third parties audit, there is an increased risk of loss
and reach their short/long-term goals. and how can businesses be better of reputation, fines, litigations and
Although historically third party prepared to deal with such risks?” financial losses, business interruption,
relationships occurred as a result of cost or cash flow issues.
reduction measures, third parties have In this article we set forth the emerging
become an integral part of the business third-party risks and also introduce • Inadequate compliance
network of development and potential detection and mitigation Contracts between the contracting
construction companies, as they provide measures. organizations and their business
flexibility, insight, increased manpower, partners can create risks to both
enhanced quality, and specialization. The ability to audit third parties. Contracts should be reviewed
by appropriate legal experts to ensure
As per a 2016 Deloitte Global extended parties can also provide that the proper terms and conditions
survey on Third Party Governance and
opportunities to improve are included.
Risk Management (TPGRM) across
different industries (Financial Services, operations and/or • Poor labor and human rights
Real Estate, Construction, Energy & considerations
Resources, Manufacturing and Public
identify needs for further Labor rights and human rights have
Sector, amongst others), “73.9 percent risk mitigation plans. been some of the hot topics within the
of respondents [from 170 senior members real estate and construction sector for
of management from a variety of the past couple of years – whether it
organizations] said they believe third parties Emerging third party risks relates to workers' pay, benefits, or safe
will play a highly important or critical role • Insufficient collaboration and working conditions. Although the
in the year ahead, up from 60.3 percent the communication with third parties control does not always rest with
previous year.”1 This goes to show that Cross-functional teams not working in development and construction
organizations will increasingly rely on tandem, leading to disputes between companies, they almost always suffer
third parties in conducting day-to-day the collaborating parties. from negative media coverage and
activities/operations. In addition, the reputational risks that might unfold
survey highlighted that 87% of • Inability/Inadequate audit which lead to litigation, fines,
respondents faced a disruptive incident of third parties suspension of operations and almost
with third parties in the previous two to Organizations doing business with third always to reputational damage.
three years, 28% of which faced a major parties sometimes include provisions in
disruption and 11% a complete third- the contract that allows the contracting • Unreliable third parties
party failure. organization to conduct audits. These Failure to select appropriate third party
audits can help ensure that contract service providers and monitor their
In the Middle East and the GCC, reliance requirements are met and that business activities may result in delays,
on third parties and related risks has also practices with the third parties do not dependency, and customer
increased in recent years, with some risks conflict with the culture of the dissatisfaction.
materializing in major disruptions/ contracting organization. The ability to
complete third-party failures when audit third parties can also provide
74
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
75
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
76
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
77
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Almost all GCC countries The fall in global oil prices has resulted in All key cities in the GCC have experienced
a tightening of national budgets across this decline in performance, with Medina
have identified the the GCC and put pressure on experiencing the lowest decrease in
government expenditure, resulting in RevPAR of 0.1%.
tourism industry, which economic diversification becoming more
encompasses the critical now than ever before. Almost all The region continues to be impacted by
GCC countries have identified the global economic headwinds in key source
travel/transport, hotel, tourism industry, which encompasses the markets, such as the UK and India, in
entertainment, leisure travel/transport, hotel, entertainment, addition to regional geopolitical tensions
leisure and other sectors, as a key pillar and foreign currency fluctuations.
and other sectors, as a of economic diversification. Although in Despite the relatively moderate fall in
-2.2% Kuwait
-4.3% Sharjah
-15.8% Riyadh
-11.0% Jeddah
-0.1% Medina
-14.3% Makkah
-4.3% Dubai
78
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Investment in leisure and Figure 2. Existing entertainment and leisure facilities in the GCC
entertainment in the GCC
In order to support the goal of economic
diversification, GCC governments are
investing in leisure and entertainment
facilities, for both the domestic and Iraq
international target markets. Key
investments include IMG World of Jordan Kuwait
Adventure and Dubai Parks & Resorts,
which have recently opened in Dubai, the 4
Botanical Gardens in Riyadh, and Al
2 Bahrain
Bahra
79
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
The relationship between Hotels can generally be expected to both global and national economic
reach stabilization in three to five years, factors. Dubai’s top source markets
the hospitality and while leisure facilities and theme parks, (India, KSA and the UK), are all facing
80
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
1. Milman, Ady & Okumus, Fevzi & Dickson, Duncan. (2010) The
A balancing act contribution of theme parks and attractions to the social and
Thus, the efficient allocation, phasing, economic sustainability of destinations. Worldwide Hospitality and
Tourism Themes Crompton, John. (2010) Measuring the Economic
and sizing of capital resources are critical Impact of Park and Recreation Services. National Recreation and
Park Association
to ensure that both investment goals and
market needs are met. Balancing the two
is challenging, with value engineering,
dynamic marketing, and phasing being
the primary tools for achieving a
balanced and successful destination. The
government will continue to serve as key
enabler, and leveraging inexpensive but
effective strategies, such as tax incentives
and visa permissions, will further bolster
the sector.
81
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Contributors
Cynthia Corby Robin Williamson Bruce Hamilton
Audit Partner and Partner and Head of Partner
Infrastructure & Real Estate & Indirect Tax Services
Capital Projects Leader Construction brucehamilton@deloitte.com
ccorby@deloitte.com rwilliamson@deloitte.com
External contributors
Marcus Truscott Paul Griffiths Mr. YU Tao Alastair Young Suzannah Fairbairn Bishoy Azmy
Managing Director CEO of Dubai Airports President and CEO Partner at Dentons’ Associate at Dentons’ CEO and Executive
of Multiplex ME of CSCEC ME Dubai Office Dubai Office Director of ASGC
82
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
Deloitte offices
Regional office Bahrain Oman Dubai
Gefinor Center, Block D Manama Muscat Emaar Square, Building 3, Level 6
Clemenceau Street United Tower Minaret Al Qurum Building Downtown Dubai
P.O. Box 113-5144 Bahrain Bay Qurum Area, Muscat P.O. Box 4254
Beirut, Lebanon P.O. Box 421 P.O. Box 258 Dubai, United Arab Emirates
Phone +961 (0) 1 748 444 Manama, Kingdom of Bahrain Sultanate of Oman Phone +971 (0) 4 376 8888
Fax +961 (0) 1 748 999 Phone +973 (0) 1 721 4490 Phone +968 (0) 2235 4300 Fax +971 (0) 4 376 8899
Fax +973 (0) 1 721 4550 Fax +968 (0) 2235 4333
Consulting Fujairah
Deloitte & Touche (M.E.) Egypt Palestinian Territories Al-Fujairah National Insurance Co.
Building 3, Emaar Square Cairo Ramallah Building, 6th floor
Downtown Dubai Nile City South Tower – 6th floor Al Mashreq Insurance Building P.O. Box 462
P.O. Box 4254 Dubai, 2005 A Cornish El Nile, P.O. Box 447 Fujairah, United Arab Emirates
United Arab Emirates Ramlet Boulaq Ramallah, Palestinian Phone +971 (0) 9 222 2320
Phone +971 (0) 4 376 8888 Cairo, Egypt Controlled Territories Fax +971 (0) 9 222 5202
Fax +971 (0) 4 376 8899 Phone +20 (0) 2 246 199 09 Phone +970 (0) 2 295 4714
Fax +20 (0) 2 246 199 04 Fax +970 (0) 2 298 4703 Ras Al-Khaimah
Risk Advisory Julphar Commercial Towers, Level 19
Deloitte & Touche (M.E.) Alexandria Qatar P.O. Box 435
Building 3, Emaar Square Madinet El Sayadla Doha Ras Al-Khaimah, United Arab
Downtown Dubai Building No 10, Smouha Al Ahli Bank Building Emirates
P.O. Box 4254 Alexandria, Egypt Sheikh Suhaim Bin Hamad Street Phone +971 (0) 7 227 8892
Dubai, United Arab Emirates Phone +20 (0) 3 426 4975 P.O. Box 431 Fax +971 (0) 7 227 7465
Phone +971 (0) 4 376 8888 Fax +20 (0) 3 426 4975 Doha, Qatar
Fax +971 (0) 4 376 8899 Phone +974 (0) 4434 1112 Sharjah
Iraq. Fax +974 (0) 4442 2131 United Arab Bank Building, 13th
Financial Advisory Services Erbil floor
Al Fattan Currency House, Empire Business Complex Saudi Arabia. Al Buhairah Corniche
Building 1, DIFC Building C1 – Fifth Floor Riyadh P.O. Box 5470
P.O. Box 112865 Erbil, Iraq Prince Turki Bin Abdullah Sharjah, United Arab Emirates
Dubai, United Arab Emirates Phone +964 (0) 66 257 6200 Al-Saud Street Phone +971 (0) 6 517 9500
Phone +971 (0) 4 506 4700 Sulaimana Area Fax +971 (0) 6 517 9501
Fax +971 (0) 4 327 3637 Baghdad P.O. Box 213
Al Mansour Hotel, Floor 4, Suite 407 Riyadh 11411, Saudi Arabia Yemen
Tax Services Al-Salhiya District Phone +966 (0) 1 282 8400 Sana’a
Al Fattan Currency House, P.O. Box 8020 Fax +966 (0) 1 282 8428 Sanaa Trade Center
Building 1, DIFC Baghdad, Iraq Algeria Street, Sanaa
P.O. Box 282056 Phone +964 (0) 770 694 6554 Al Khobar P.O. Box 15655
Dubai, United Arab Emirates ABT Building, Al Khobar Alsafyah, Yemen
Phone +971 (0) 4 506 4700 Jordan P.O. Box 182 Phone +967 (0) 1 448 374
Fax +971 (0) 4 327 3637 Amman Dammam 31411, Saudi Arabia Fax +967 (0) 1 448 378
Jabal Amman, Phone +966 (0) 13 668 5700
The Deloitte ME Islamic Finance 190 Zahran Street Fax +966 (0) 3 887 3931
Knowledge Center (IFKC) P.O. Box 248
Al Zamil Tower Amman 11118, Jordan Jeddah
Government Avenue, Manama, Phone +962 (0) 6 550 2200 Saudi Business Center
Kingdom of Bahrain Fax +962 (0) 6 550 2210 Madinah Road
Phone +973 (0) 1 721 4490 P.O. Box 442
Fax +973 (0) 1 721 4550 Kuwait Jeddah 21411, Saudi Arabia
Kuwait City Phone +966 (0) 1 2 657 2725
Dar Al-Awadi Complex Fax +966 (0) 1 2 657 2722
Ahmed Al-Jaber Street, Sharq
Quick links P.O. Box 20174 Syria
deloitte.com/middleeast Safat 13062, Kuwait Fardos
Phone +965 2240 8844 Adib Khair building
Blog: deloittemiddleeast Fax +965 2240 8855 Fardos Street
matters.com P.O. Box 12487
Twitter: @DeloitteME Lebanon Damascus, Syria
@DeloitteMEjobs Beirut Phone +963 (0) 11 2456683
Arabia House Fax +963 (0) 11 2221878
Facebook: Deloitte Middle 131 Phoenicia Street
East Ain Mreisseh
Linkedin: Deloitte Middle P.O. Box 11-961 Rawda
East company profile Beirut, Lebanon 38 Rawda Street
Phone +961 (0) 1 364 700 P.O. Box 30033
Fax +961 (0) 1 369 820 Damascus, Syria
Phone +963 (0) 11 3322303
Libya Fax +963 (0) 11 3322304
Tripoli
Tripoli Tower United Arab Emirates
P.O. Box 93645 Abu Dhabi
Tripoli, Libya Al Sila Tower, 11th floor
Phone +218 (0) 92 370 1049 Abu Dhabi Global Market Square
P.O. Box 990
Abu Dhabi, United Arab Emirates
Phone +971 (0) 2 408 2424
Fax +971 (0) 2 408 2525
83
Deloitte GCC Powers of Construction 2017 | If it’s fundable it’s feasible
This publication has been written in general terms and therefore cannot be relied on to cover specific
situations; application of the principles set out will depend upon the particular circumstances
involved and we recommend that you obtain professional advice before acting or refraining from
acting on any of the contents of this publication. Deloitte & Touche (M.E.) would be pleased to advise
readers on how to apply the principles set out in this publication to their specific circumstances.
Deloitte & Touche (M.E.) accepts no duty of care or liability for any loss occasioned to any person
acting or refraining from action as a result of any material in this publication.
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by
guarantee (“DTTL”), its network of member firms, and their related entities. DTTL and each of its
member firms and their related entities are legally separate and independent entities. DTTL (also
referred to as “Deloitte Global”) does not provide services to clients. Please see
www.deloitte.com/about to learn more about our global network of member firms.
Deloitte provides audit, consulting, financial advisory, risk advisory, tax and related services to public
and private clients spanning multiple industries. Deloitte serves four out of five Fortune Global 500®
companies through a globally connected network of member firms in more than 150 countries and
territories bringing world-class capabilities, insights, and high- quality service to address clients’ most
complex business challenges. To learn more about how Deloitte’s approximately 245,000
professionals make an impact that matters, please connect with us on Facebook, LinkedIn, or Twitter.
Deloitte & Touche (M.E.) is a member firm of Deloitte Touche Tohmatsu Limited (DTTL) and is a
leading professional services firm established in the Middle East region with uninterrupted presence
since 1926. DTME’s presence in the Middle East region is established through its affiliated
independent legal entities which are licensed to operate and to provide services under the applicable
laws and regulations of the relevant country. DTME’s affiliates and related entities cannot oblige each
other and/or DTME, and when providing services, each affiliate and related entity engages directly
and independently with its own clients and shall only be liable only for its own acts or omissions and
not those of any other affiliate.
Deloitte provides audit, tax, consulting, financial advisory and risk advisory services through 25 offices
in 14 countries with more than 3,300 partners, directors and staff. It is a Tier 1 Tax advisor in the GCC
region since 2010 (according to the International Tax Review World Tax Rankings). It has also received
numerous awards in the last few years which include best Advisory and Consultancy Firm of the Year
2016 in the CFO Middle East awards, best employer in the Middle East, the Middle East Training &
Development Excellence Award by the Institute of Chartered Accountants in England and Wales
(ICAEW), as well as the best CSR integrated organization.