Autorentext

Michael Grose is a UK-trained lawyer who has resided in Dubai since 1998. He founded the regional construction and projects practice of a global law firm, leading the practice for over 20 years and has extensive knowledge of the laws governing construction in the Gulf region, as well as how those laws are applied in practice.

Klappentext

A practical, legal resource for construction professionals operating in the UAE and the Gulf region In the newly revised and updated second edition of Construction Law in the United Arab Emirates and the Gulf, experienced construction lawyer Michael Grose delivers an authoritative guide to construction law in the UAE and the Gulf. The book explains the most significant contrasts between construction law governed by an Islamic civil law jurisdiction and construction law in common law jurisdictions, as well as the practical impacts of those differences. Grose explains critical areas of immediate, practical importance to construction industry participants dealing with contracts and disputes. He also offers a detailed commentary on the standard FIDIC (First Edition) conditions of contract for construction that is updated to deal with recent changes in law. Inside the book:

• Extensive primary source material, including domestic court judgments and local laws
• Extensive reference to the Saudi Civil Code and the Saudi Law of Evidence
• Recent developments and current trends in arbitration, civil procedure and mediation laws in the region
• Comprehensive exploration of the differences between Islamic civil law as applied in Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the UAE

• Thorough treatment of the laws, regulations, and codes relevant to construction businesses operating in the UAE and the Gulf Perfect for construction lawyers, claims consultants, arbitrators, and contractors, Construction Law in the United Arab Emirates and the Gulf will also benefit loss adjusters and insurers, architects, engineers, quantity surveyors, and other construction practitioners.

  Inhalt

  About the Author xi
  Preface xiii

  1 Law in the Gulf 1

  1.1 Basis of Government 1

  1.2 Federal Jurisdiction in the UAE 2

  1.3 Role of Islamic Shari'ah 3

  1.4 Civil Law 6

  1.5 Jurisprudence Constante 8

  1.6 Financial Free Zones 10

  2 Construction Contracts 13

  2.1 Commercial and Civil Contracts Distinguished 13

  2.2 Muqawala 18

  2.3 Delict (Tort) 19

  2.4 Public Procurement 21

  2.5 Administrative Contracts 25

  3 Contract Formation 27

  3.1 Components of a Valid Contract 27

  3.2 Offer and Acceptance 28

  3.3 Certainty 30

  3.4 Consent 33

  3.5 Capacity and Authority 34

  4 Effects of a Contract 35

  4.1 Binding and Effective 35

  4.2 Statutory Limits 36

  4.3 Third Parties 39

  4.4 Subcontractors 41

  5 Interpretation 43

  5.1 Words and Intentions 43

  5.2 Presumption Against Liability 47

  5.3 Absence of Express Terms 48

  6 Good Faith and Related Principles 51

  6.1 Good Faith 51

  6.2 Related Obligations 53

  6.3 Abuse of Rights 55

  6.4 Unfair Contract Terms 56

  6.5 Unforeseen Circumstances 58

  6.6 Extraneous Cause and Force Majeure 60

  7 Health, Safety and Welfare 63

  7.1 Construction Safety in the Gulf 63

  7.2 Design, Planning and Supervision 69

  7.3 Welfare 71

  7.4 International Labour Organization 74

  7.5 Inspection and Reporting 75

  7.6 Sanctions and Penalties 78

  8 Design and Supervision 85

  8.1 Duty of Care 85

  8.2 Obligation of Result 88

  8.3 Standard of Care 90

  8.4 Defences 91

  8.5 Statutory Duties 91

  8.6 Compensation 93

  8.7 Joint Liability 93

  9 Defects 97

  9.1 Materials 97

  9.2 Workmanship 98

  9.3 Statutory Duties 100

  9.4 Remedies 102

  10 Decennial Liability 105

  10.1 Statutory Sources 106

  10.2 Strict Liability 108

  10.3 Contractual Status and Defences 109

  10.4 Compensation 111

  10.5 Mitigating Decennial Liability Risk 112

  10.6 Public Projects 114

  11 Physical Damage and Personal Injury 117

  11.1 Delict 117

  11.2 Criminal Damage 118

  11.3 Presumed Liability for Property Damage 119

  11.4 Inherent Danger (Nuisance) 120

  11.5 Service Lines and Public Utilities 121

  12 Time for Completion 123

  12.1 Absence of Agreement 123

  12.2 Extension of Time 124

  12.3 Subcontractor Delay and Extraneous Cause 126

  12.4 Delay Rendering Time at Large 128

  12.5 Concurrent Delay 129

  13 Delay Damages 135

  13.1 Delay Damages and Penalties 135

  13.2 Reducing Delay Damages 136

  13.3 Increasing Delay Damages 141

  13.4 Termination for Delay 141

  13.5 Delay Damages Following Termination 142

  13.6 Administrative Contracts 143

  13.7 Prolongation Costs 145

  14 Price 147

  14.1 Formation of a Contract 147

  14.2 Fair Remuneration: Contractor 148

  14.3 Fair Remuneration: Consultant 150

  14.4 Adjustment of the Contract Price 151

  14.5 Subcontracts 153

  14.6 Supply Contracts 153

  14.7 Public Procurement 154

  15 Payment 157

  15.1 Payment on Delivery 157

  15.2 Payment Certificates 158

  15.3 Subcontracts 159

  15.4 Conditional Payment Clauses 160

  15.5 Bank Guarantee 166

  15.6 Cheque 167

  15.7 Payment Order 170

  16 Interest 173

  16.1 Riba and Usury 173

  16.2 Contractual Interest 175

  16.3 Late Payment Interest 176

  16.4 Judgment Debt Interest 180

  16.5 Interest Under the FIDIC Conditions 181

  16.6 Financing Charges 182

  17 Suspension and Termination 185

  17.1 Statutory Right of Suspension 185

  17.2 Excluding the Right of Suspension 187

  17.3 Notice of Suspension 188

  17.4 Termination of an Innominate Contract 188

  17.5 Notice of Termination and Need for a Court Order 191

  17.6 Termination of a Muqawala: Employer 192

  17.7 Termination of a Muqawala: Contractor 193

  17.8 Consequences of Termination 197

  17.9 Impossibility and Force Majeure 199

  18 Pre-emptive Remedies 201

  18.1 Retention of Ownership 201

  18.2 Possessory Lien 203

  18.3 Priority Right 205

  18.4 Direct Payment 206

  18.5 Set Off 207

  19 Damages 211

  19.1 Performance by Compulsion 211

  19.2 Entitlement to Damages 213

  19.3 Measure of Loss 213

  19.4 Assessment of Damages 216

  19.5 Causation and Global Claims 217

  19.6 Loss of Profit 220

  19.7 Consequential and Indirect Loss 221

  19.8 Mitigation 224

  19.9 Limitation of Liability 224

  20 Evidence 227

  20.1 Burden and Standard of Proof 227

  20.2 Evidentiary Presumptions 228

  20.3 Documents and Electronic Records 229

  20.4 Disclosure and Production 230

  20.5 Witness Testimony 232

  20.6 Court-Appointed Experts 233

  21 Prescription 237

  21.1 Islamic Shari'ah 237

  21.2 Commercial Obligations 238

  21.3 Civil and Professional Obligations 239

  21.4 Varying a Prescription Period 240

  22 Civil Proceedings 245

  22.1 Court Structure 245

  22.2 International Jurisdiction 251

  22.3 Jurisdiction Between Emirates 252

  22.4 Commencement of Proceedings 253

  22.5 Proceedings Against the Government 255

  22.6 Court of Summary Matters 256

  22.7 Mediation and Adjudication 262

  23 Enforcement 267

  23.1 Enforcement Courts 267

  23.2 Procedure and Methods of Enforcement 268

  23.3 Appeal and Stay of Execution 269

  23.4 Financial Free Zone Courts 270

  23.5 Enforcement Outside the Jurisdiction 272

  24 Arbitration 277

  24.1 Arbitration in the Gulf 277

  24.2 Treaty Arbitration 279

  24.3 Form of an Arbitration Agreement and Survival 280

  24.4 Authority to Agree 285

  24.5 Public Order and Other Constraints 289

  24.6 Jurisdiction, Pre-arbitration Conditions and Costs 292

  24.7 Procedures and Formalities 296

  24.8 Time Limit for the Final Award 303

  24.9 Enforcement of Domestic Awards 305

  24.10 Enforcement of Foreign Awards 309

  25 Gulf Construction Law: Essence and Essentials 315

  25.1 Development of Common Law and Civil Law 315

  25.2 Key Themes of Gulf Construction Law 317

  25.3 Limits on Rights 321

  25.4 Role of the Gulf's Onshore Civil Courts 324

  25.5 Islamic Shari'a…