Construction law in the United Arab Emirates and the Gulf / Michael Grose.

Format:

Book

Author/Creator:

Grose, Michael (Lawyer), author.

Language:

English

Subjects (All):

Construction industry--Law and legislation--United Arab Emirates.

Construction industry.

Construction contracts--United Arab Emirates.

Construction contracts.

Construction industry--Law and legislation--Persian Gulf Coast (Persian Gulf States).

Construction contracts--Persian Gulf Coast (Persian Gulf States).

Physical Description:

1 online resource (424 pages)

Edition:

1st ed.

Place of Publication:

Hoboken : Wiley, [2016]

Language Note:

English

Summary:

"The book is an authoritative guide to construction law in the United Arab Emirates and the Gulf. The principal theme is the contrast between construction law in an Islamic civil law jurisdiction and construction law in a common law jurisdiction. There is a tendency for these differences to be glossed over due to a lack of any detailed comparative analysis. The book provides the first authoritative text on the application of the laws of the UAE, and to a lesser extent of the wider Gulf region, to the most commonly occurring issues of controversy arising from construction projects. There are extensive extracts from the region's applicable laws, all translated from the original Arabic, and hundreds of judgments of the most senior courts used to back up the analysis provided. The text is presented in two parts: A narrative covering the main areas of practical concern to those dealing with construction contract and disputes; and A commentary on the standard FIDIC conditions that are widely employed on construction contracts in the Gulf region, applying principles from the narrative wherever relevant. The sources of information contained in the book are not readily available to those without access to a database of relevant laws and judgments"-- Provided by publisher.

Contents:

Intro

Title Page

Copyright Page

Contents

About the Author

Preface

chapter 1 Overview

1.1 Basis of government

1.2 Division of powers in the UAE

1.3 Islamic Shari'ah

1.4 Civil law

1.5 Domestic courts

1.6 Financial free zones

chapter 2 Construction Law

2.1 Muqawala

2.2 Commercial and civil contracts

2.3 Delict (tort)

2.4 Public procurement

Saudi Arabia

United Arab Emirates

Abu Dhabi

Dubai

2.5 Administrative contracts

chapter 3 Contract Formation

3.1 Components of a valid contract

3.2 Offer and acceptance

3.3 Certainty

3.4 Mutual intentions

3.5 Capacity

chapter 4 Interpretation

4.1 Statutory maxims

4.2 Intentions

4.3 Resolution of ambiguity

4.4 Absence of express terms

chapter 5 Contractual Principles

5.1 Binding obligations

5.2 Mandatory obligations

5.3 Third parties

5.4 Subcontractors

5.5 Good faith

5.6 Related obligations

5.7 Abuse of rights

5.8 Unfair contract terms

5.9 Unforeseen circumstances

chapter 6 Health, Safety and Welfare

6.1 Construction safety

6.2 Design and management responsibilities

6.3 Welfare

6.4 International Labour Organisation

6.5 Inspection and reporting

6.6 Sanctions and penalties

Criminal penalties

Diya or blood money

Statutory compensation

Civil damages

Administrative sanctions

chapter 7 Design and Supervision

7.1 Duty of care

7.2 Obligation of result

7.3 Standard of care

7.4 Defences

7.5 Statutory duties

7.6 Compensation

7.7 Joint liability

chapter 8 Defects

8.1 Materials

8.2 Workmanship

8.3 Statutory duties

8.4 Remedies

chapter 9 Decennial Liability

9.1 Statutory sources

9.2 Strict liability

9.3 Contractual status

9.4 Compensation

9.5 Mitigating decennial liability

9.6 Public projects.

chapter 10 Physical Damage and Personal Injury

10.1 Delict

10.2 Criminal damage

10.3 Presumed liability for property damage

10.4 Inherent danger (nuisance)

10.5 Service lines and public utilities

chapter 11 Time for Completion

11.1 Agreement

11.2 Extension of time

11.3 Assessment of entitlement

11.4 Time at large

11.5 Concurrent delay

11.6 Prolongation costs

chapter 12 Delay Damages and Other Remedies

12.1 Termination for delay

12.2 Reducing delay damages

12.3 Increasing delay damages

12.4 Administrative contracts

chapter 13 Price

13.1 Formation of a contract

13.2 Fair remuneration: Contractor

13.3 Fair remuneration: Consultant

13.4 Supply contracts

13.5 Lump sum and remeasure contracts

13.6 Variations

13.7 Subcontracts

13.8 Public procurement in the UAE

chapter 14 Payment

14.1 Payment on delivery

14.2 Payment certificates

14.3 Subcontracts

14.4 Conditional payment clauses

14.5 Bank guarantee

14.6 Cheque

chapter 15 Interest

15.1 Riba and usury

15.2 Statutory right

15.3 Fixed or crystallised debt

15.4 Interest in the UAE

15.5 Interest under the FIDIC Conditions

15.6 Financing charges

chapter 16 Suspension

16.1 FIDIC Conditions

16.2 Statutory right of suspension

16.3 Excluding the right of suspension

16.4 Formalities

chapter 17 Termination

17.1 Termination of an innominate contract

17.2 Termination of a muqawala: Employer

17.3 Termination of a muqawala: Contractor

17.4 Consequences of termination

17.5 Impossibility and force majeure

chapter 18 Self-help Remedies

18.1 Retention of ownership

18.2 Possessory lien

18.3 Priority right

18.4 Direct payment

18.5 Set off

chapter 19 Damages

19.1 Performance by compulsion

19.2 Entitlement to damages

19.3 Assessment of damages.

19.4 Global claims

19.5 Loss of profit

19.6 Consequential and indirect loss

19.7 Mitigation

19.8 Limitation of liability

chapter c20 Evidence

20.1 Burden of proof

20.2 Documents

20.3 Disclosure and production

20.4 Witness testimony

20.5 Court appointed experts

20.6 Conclusive findings of fact

chapter 21 Prescription

21.1 Islamic Shari'ah

21.2 Commercial obligations

21.3 Civil obligations

21.4 Restriction on amendment

chapter 22 Litigation

22.1 Court structure

Bahrain, Kuwait Oman and Qatar

22.2 International jurisdiction

22.3 Jurisdiction between emirates

22.4 Commencement of proceedings

22.5 Proceedings against the government

22.6 Summary actions

Status and effect of summary relief

Preservation of evidence

Preservation of assets

22.7 Mediation and adjudication

chapter 23 Enforcement

23.1 Procedure

23.2 Appeal

23.3 Enforcement outside the jurisdiction

chapter 24 Arbitration

24.1 Right to arbitrate

24.2 Treaty arbitration

24.3 Validity of an arbitration agreement

24.4 Capacity to agree

24.5 Jurisdiction and powers

24.6 Procedures and formalities

24.7 Challenging an arbitrator

24.8 Enforcement of domestic awards

Kuwait, Qatar and the United Arab Emirates

Bahrain, Oman and Saudi Arabia

24.9 Enforcement of foreign awards

24.10 New York Convention

chapter 25 Key Features and Differences

25.1 Key features of Islamic civil law

25.2 FIDIC Conditions

25.3 Gulf states contrasted

Commentary: FIDIC Conditions

Glossary

Index

EULA.

Notes:

Includes index.

Description based on print version record.

ISBN:

9781119085959

1119085950

9781119085942

1119085942

OCLC:

929332119