Construction Law in the United Arab Emirates and the Gulf - Editio

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.

List of contents

About the Author
Preface
1 Law in the Gulf
1.1 Basis of government
1.2 Federal jurisdiction in the UAE
1.3 Role of Islamic Shari'ah
1.4 Civil law
1.5 Jurisprudence constante
1.6 Financial free zones
2 Construction Contracts
2.1 Commercial and civil contracts distinguished
2.2 Muqawala
2.3 Delict (tort)
2.4 Public procurement
2.5 Administrative contracts
3 Contract Formation
3.1 Components of a valid contract
3.2 Offer and acceptance
3.3 Certainty
3.4 Consent
3.5 Capacity and authority
4 Effects of a Contract
4.1 Binding and effective
4.2 Statutory limits
4.3 Third parties
4.4 Subcontractors
5 Interpretation
5.1 Words and intentions
5.2 Presumption against liability
5.3 Absence of express terms
6 Good Faith and Related Principles
6.1 Good faith
6.2 Related obligations
6.3 Abuse of rights
6.4 Unfair contract terms
6.5 Unforeseen circumstances
6.6 Extraneous cause and force majeure
6.7 Abuse of rights
6.8 Unfair contract terms
6.9 Unforeseen circumstances
7 Health, Safety and Welfare
7.1 Construction safety in the Gulf
7.2 Design, planning and supervision
7.3 Welfare
7.4 International Labour Organisation
7.5 Inspection and reporting
7.6 Sanctions and penalties
8 Design and Supervision
8.1 Duty of care
8.2 Obligation of result
8.3 Standard of care
8.4 Defences
8.5 Statutory duties
8.6 Compensation
8.7 Joint liability
9 Defects
9.1 Materials
9.2 Workmanship
9.3 Statutory duties
9.4 Remedies
10 Decennial Liability
10.1 Statutory sources
10.2 Strict liability
10.3 Contractual status and defences
10.4 Compensation
10.5 Mitigating decennial liability risk
10.6 Public projects
11 Physical Damage and Personal Injury
11.1 Delict
11.2 Criminal damage
11.3 Presumed liability for property damage
11.4 Inherent danger (nuisance)
11.5 Service lines and public utilities
12 Time for Completion
12.1 Absence of Agreement
12.2 Extension of time
12.3 Subcontractor delay and extraneous cause
12.4 Delay rendering time at large
12.5 Concurrent delay
13 Delay Damages
13.1 Delay damages and penalties
13.2 Reducing delay damages
13.3 Increasing delay damages
13.4 Termination for delay
13.5 Delay damages following termination
13.6 Administrative contracts
13.7 Prolongation costs
14 Price
14.1 Formation of a contract
14.2 Fair remuneration: Contractor
14.3 Fair remuneration: Consultant
14.4 Adjustment of the contract prices
14.5 Subcontracts
14.6 Supply contracts
14.7 Public procurement
15 Payment
15.1 Payment on delivery
15.2 Payment certificates
15.3 Subcontracts
15.4 Conditional payment clauses
15.5 Bank guarantee
15.6 Cheque
15.7 Payment Order
16 Interest
16.1 Riba and usury
16.2 Contractual interest
16.3 Late payment interest
16.4 Judgment debt interest
16.5 Interest under the FIDIC Conditions
16.6 Financing charges
17 Suspension and Termination
17.1 Statutory right of suspension
17.2 Excluding the right of suspension
17.3 Notice of suspension
17.4 Termination of an innominate contract
17.5 Notice of Termination and need for a court order
17.6 Termination of a muqawala: Employer
17.7 Termination of a muqawala: Contractor
17.8 Consequences of termination
17.9 Impossibility and force majeure
18 Pre-Emptive Remedies
18.1 Retention of ownership
18.2 Possessory lien
18.3 Priority right
18.4 Direct payment
18.5 Set off
19 Damages
19.1 Performance by compulsion
19.2 Entitlement to damages
19.3 Measure of loss
19.4 Assessment of damages
19.5 Causation and global claims
19.6 Loss of profit
19.7 Consequential and indirect loss
19.8 Mitigation
19.9 Limitation of liability
20 Evidence
20.1 Burden of proof
20.2 Evidentiary presumptions
20.3 Documents and electronic records
20.4 Disclosure and production
20.5 Witness testimony
20.6 Court appointed experts
21 Prescription
21.1 Islamic Shari'ah
21.2 Commercial obligations
21.3 Civil and professional obligations
21.4 Varying a prescription period
22 Civil Proceedings
22.1 Court structure
22.2 International jurisdiction
22.3 Jurisdiction between emirates
22.4 Commencement of proceedings
22.5 Proceedings against the government
22.6 Court of Summary Matters
22.7 Mediation and adjudication
23 Enforcement
23.1 Enforcement courts
23.2 Procedure and methods of enforcement
23.3 Appeal and stay of execution
23.4 Financial free zone courts
23.5 Enforcement outside the jurisdiction
24 Arbitration
24.1 Arbitration in the Gulf
24.2 Treaty arbitration
24.3 Form of an arbitration agreement and survival
24.4 Authority to agree
24.5 Public order and other constraints
24.6 Jurisdiction, pre-arbitration conditions and costs
24.7 Procedures and formalities
24.8 Time limit for the final award
24.9 Enforcement of domestic awards
24.10 Enforcement of foreign awards
25 Gulf Construction Law: Essence and Essentials
25.1 Development of common law and civil law
25.2 Key themes of Gulf construction law
25.3 Limits on rights
25.4 Role of the Gulf's Onshore Civil Courts
25.5 Islamic Shari'ah
25.6 Gulf States contrasted  
Commentary: FIDIC Conditions
Glossary
Index

About the author

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.

Product details

• Authors: Grose, Michael Grose, Grose Michael
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Hardback
• Release: 27.06.2024, delayed
• EAN: 9781394213603
• ISBN: 978-1-394-21360-3
• No. of pages: 448
• Subjects: Natural sciences, medicine, IT, technology > Technology > Structural and environmental engineering; LAW / Real Estate, ARCHITECTURE / Project Management, Civil engineering, surveying & building, Architecture: professional practice, Land and real estate law / Real property law