Posted on December 13, 2020 in
Written by: David B. Honig
Yes, if that is the agreement of the parties. It is also customary for construction contracts to contain a retention obligation (or guarantee) for the contractor instead of the cash that the employer should have withheld before the contract was fully executed. The long-awaited signing of the new National Joint Industrial Council (NJIC) finally came to an end today, 27 February 2018, with the NJIC team of the Construction – Civil Engineering Senior Staff Association (CCESSA) and the Federation of the Construction Industry (FOCI) having signed a new contract effective 1 November 2017, i.e. all arrears to be paid to employees. The president of the Nigerian Sailors` Union (MWUN), Comrade Adewale Adeyanju, also said at the signing of the CBA that dockworkers had every reason to smile at home at the end of the month. “This agreement, in my view, will encourage dockworkers to provide better services than they have always done, because this agreement does take care of the salaries and service status of Nigerian dockworkers. It will also improve the quality of life for dockworkers. In addition, the Supreme Court of Nigeria has ruled: if an action is brought by a part of a construction contract in time, but before the wrong court, the time spent in the wrong court would not be counted when considering the issue of the statute of limitations (Sifax Nigeria Limited – 4 golds. vs. Migfo Nigeria Ltd -Anor (2018) 9 NWLR (Pt. 1623) 138 to 1855 By. E).
There are four ways to bring an action in Nigerian courts, particularly in the High Court and the Federal High Court. These are by invocation letters, by original incantations, by the original movement or by the request and petition. The most common methods of writing invocations and subpoenas are the most common methods of bringing an action in Nigerian courts. A litigious or litigation action is brought by citation, while the original charge is used for an action without challenge or subject to litigation (Order 2, Rule 1 of the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2018, and Order 5 of the High Court of Lagos State (Civil Procedure) Rules , 2019). “In this sense, I would like to ask them to ensure that the CBA, which is responsible for leading shipowners in their tripartite negotiations, and the development of all employment agreements are implemented as approved.” The National Council of Common Industry is formed here with six (6) representatives on each side and at least four (4) on each side, to form a quorum. It takes 28 days to convene a regular NJIC meeting and seven days of extraordinary meetings. In the event of a disagreement during the negotiations, 14 days of postponement are required to allow the parties to reconsider their position and, if the matter is not resolved after the resumption, the parties may follow the Article 9 rehabilitation procedure. The issues negotiated at the national level by FOBTOB and AFBTE, listed in Schedules A and B, are: The use of direct agreements or guarantees (i.e. agreements between the contractor and non-employer parties) is widespread in construction and engineering projects in Nigeria. A new two-year contract was successfully signed in November 2018 and NJC Communique 13 (18) contains all the details of the counts and increases in rates and quotas for the period 2019-2020.