Defects affect construction projects throughout their lifecycle from design to construction to use. Construction law in the united arab emirates and the gulf is an authoritative guide to construction law in the united arab emirates and the gulf. Construction in united arab emirates law firm and lawyer. Legal issues relating to construction contracts in the united.
I am excited to report that construction law in the united arab emirates and the gulf will be published in april. First book on gcc construction law launched in uae business. Buildings safety the official portal of the uae government. That the force majeure event makes performance of the contract impossible. Unlike french law, there is no specific definition of force majeure under uae law. Sheikh mohammed bin rashid said that the project is a seed that the uae plants today and expects future generations to reap the benefits, driven by its passion to learn to unveil a new knowledge. The most informative business resources for the building, business opportunities and construction industry.
Nov 12, 2012 the uae civil code governs construction and other contracts entered into in the uae. Everything you need to know about fidic contract in the uae. Buy construction law in the united arab emirates and the gulf by grose, michael isbn. The law of dubai and the uae is codified which means that a comprehensive legal framework has been established, and it is envisaged that it will govern most eventualities. Place of supply is relevant to determine whether supply of goods or services is within uae or outside uae. Therefore, parties are free to choose uae civil law and other relating legislation as governing law of the construction contract. The prolific construction sector in dubai attracts a large number of foreign investors who successfully introduce their operations in the real estate field. The society is strictly independent of commercial interests. Fidic has long been renowned for its flexible suite of standard forms of contract for use on international construction and engineering projects. It exists not to promote individuals or businesses, but to act as a forum for the better understanding of construction law and its practical application in the industry in the gulf region.
Subcontracting is common in the modern construction industry. 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. Construction law in the united arab emirates and the gulf is an authoritative guide to construction law in the united arab. Michael groses book is an indispensable guide to anyone with an interest in the law relating to construction contracts in the gulf region. It is the crucial point in determining taxability of a transaction under the decree law. 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. General construction law in united arab emirates dubai. As such, unlike in a common law system where, subject to certain statutory exceptions, the parties are free to agree to the content of their contract, the uae civil code imports a number of requirements into construction contracts. This e learning course introduces key topics within construction law. Gulf construction online key issues of uae construction law. Published by wileyblackwell, construction law in the united arab emirates and the gulf details the application of constructionrelated laws in the emirates, and to a lesser extent, the wider gcc. Paul joins following a period as inhouse counsel for an international contractor and has over 16 years experience in the middle east.
The book is a practical guide to the law governing construction contracts and. Michael groses book is an indispensable guide to anyone with an interest in the. Handbook on value added tax in united arab emirates 9 3. Advising chinauae industrial capacity cooperation jiangsu development and management on preparing a fidic yellow book contract to be used for a project in khalifa industrial zone, a free zone in the uae designed for chinese industiral companies. The governing law clause is subject to the prevailing regulations of the united arab emirates. After qualifying as a lawyer in his native egypt within the fields of criminal and public law, dr. The fidic contract forms provide the parties with the option to choose the governing and interpretation language to be used in the contract especially in cases concerning the proceedings or arbitration. Construction law in the united arab emirates and the gulf wiley. Construction law in the united arab emirates and the gulf wildy. Article 273 of the uae civil code federal law no 8 of 1985 only requires. More specifically, construction contracts are regulated by articles 872 to 896 of the civil code.
The uae legal guide book aims to provide an overview of the uaes legal system, main uae laws, and the uae courts system. Place of supply what is place of supply and how shall it be determined. The construction sector is becoming increasingly significant to the uae with the rapid growth in developments in the region. Dubai, united arab emirates construction lawyers and law. As the uae is a civil law jurisdiction, uae law principles are mainly codified in the civil transaction law no.
Until 1st october 2008, the society was called the society of construction law uae. Therefore, the interpretation of the contractual relationship is largely inspired by the uae civil code. As an introduction, it is important to note that the united arab emirates uae is a civil law system, and the uae civil transactions law, no. The 1999 editions of these fidic forms are the most commonly used versions. Article 3901 of the uae civil code allows the parties to agree on a fixed amount of damages in advance. Generally, construction contracts follow the conditions of contracts as stated in fidic 1999, the red book. In the context of construction law practice in the uae, the writer finds that common. May 19, 2016 defects affect construction projects throughout their lifecycle from design to construction to use. Local municipalities in the uae are the entities authorised for overseeing building and construction safety in the country. The conditions of contract for epcturnkey projects silver book. Introduction to uae construction law elearning course bb15.
Uae law and the fidic red book, the most common form of construction contract adopted in. Fidic is the contract of choice for international infrastructure and process plant projects, particularly in eastern europe, africa, the middle east, and asia. As heba osman explains, in the aftermath of the 2008 global financial crisis, many employers in the uae turned to descoping large parts of construction works as a quick exit strategy from uncompleted projects. Hassan mohsen elhais has been practicing as a legal consultant in dubai since 2006. The principal theme is the contrast between construction law in an islamic civil law jurisdiction and construction law in a common law jurisdiction.
The codes aim at improving the construction standards for buildings in the uae. Middle easts largest construction and contracting portal. The uae legal guide book aims to provide an overview of the uae s legal system, main uae laws, and the uae courts system. The book also addresses controversial issues that are common to construction projects. Construction law in the united arab emirates and the gulf by michael grose, 9781119085966, available at book depository with free delivery. While the parties are free to choose an arbitrator of their choice, any decision which is in contravention of the uae civil code can be challenged. It would almost certainly be unmanageable for one contractor to deliver a construction project, especially if the project involves a certain level of complexity, without contracting third parties having various expertise and capabilities to carry out specific. Essam al tamimi, a prominent uae legal practitioner, said in his book. Everyday low prices and free delivery on eligible orders. The full text version of the uae labor law including its amending texts is available on the site. They implement unified building codes, which deal with construction safety and fire protection among other issues.
The uae civil code governs construction and other contracts entered into in the uae. Construction week online includes latest news, analysis and comments, business opportunities, tenders, market watch, project announcements, interactive community features and much more. The fidic family of contract templates have gained wider acceptance amongst the uae construction and consulting industry key players. The law of the united arab emirates is based on the civil law system. Construction law in the united arab emirates and the gulf.
The uae federal law does not require any specific construction related insurance to be taken out in respect of projects. The roots of these contracts appear to have come from the dubai municipality construction contract, which was initially drafted for the use of the dubai municipality as a governmental entity but then found its way to many of the uae employers. Dubai construction contracts follow the references in uk standard construction contracts and. The united arab emirates labor law website also contains resources for understanding the current economic situation in the uae labor law, migrant rights, and other helpful tools to assist with further analysis of labor related functions in the country. However, the uae labour law includes comprehensive indemnity and gratuity provisions in the event of an employees labour accident, occupational disease or death. The government of abu dhabi passed law number 21 of 2006 which provides for the standardization of the construction contracts for the projects initiated by the government entities. Like certain provisions of the civil codes, this book is mandatory. It seeks to provide readers with an insight into some aspects of uae law relevant to the construction industry by way of comparison with the law of the peoples republic of china. First book on gcc construction law launched in uae. It is practical, sensible, and based on unrivalled research. The uae aims to establish the first inhabitable human settlement on mars by 2117. Therefore, an understanding of construction law is crucial. The building law in the uae oversees the activities in the construction sector and should be analyzed by foreign entrepreneurs before opening a company in this field. Highlights of the laws of the united arab emirates, the.
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