More specifically, construction contracts are regulated by articles 872 to 896 of the civil code. The book is an authoritative guide to construction law in the united arab emirates and the gulf. The most informative business resources for the building, business opportunities and construction industry. The principal theme is the contrast between construction law in. 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. 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. Introduction to uae construction law elearning course bb15. The uae civil code governs construction and other contracts entered into in the uae. However, the uae labour law includes comprehensive indemnity and gratuity provisions in the event of an employees labour accident, occupational disease or death. Middle easts largest construction and contracting portal. Construction law in the united arab emirates and the gulf wiley.
Gulf construction online key issues of uae construction law. Everything you need to know about fidic contract in the uae. 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 in united arab emirates law firm and lawyer. First book on gcc construction law launched in uae. The conditions of contract for epcturnkey projects silver book. 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. Michael groses book is an indispensable guide to anyone with an interest in the. An overview of construction contracts legal features of the payment. Handbook on value added tax in united arab emirates 9 3. Highlights of the laws of the united arab emirates, the. 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.
Like certain provisions of the civil codes, this book is mandatory. 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. 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. The principal theme is the contrast between construction law in an islamic civil law jurisdiction and construction law in a common law jurisdiction. Dubai construction contracts follow the references in uk standard construction contracts and. The law of the united arab emirates is based on the civil law system. Buy construction law in the united arab emirates and the gulf by grose, michael isbn. The society is strictly independent of commercial interests. The construction sector is becoming increasingly significant to the uae with the rapid growth in developments in the region. 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.
Buildings safety the official portal of the uae government. This e learning course introduces key topics within construction 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. Construction law in the united arab emirates and the gulf. Legal issues relating to construction contracts in the united. The full text version of the uae labor law including its amending texts is available on the site. 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. It is also possible under uae law for a construction contract to provide for a preagreed amount of damages, liquidated damages, to be imposed on the contractor, as a preestimate of the loss. The prolific construction sector in dubai attracts a large number of foreign investors who successfully introduce their operations in the real estate field. Construction week online includes latest news, analysis and comments, business opportunities, tenders, market watch, project announcements, interactive community features and much more. 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. Place of supply is relevant to determine whether supply of goods or services is within uae or outside uae. Defects affect construction projects throughout their lifecycle from design to construction to use. Everyday low prices and free delivery on eligible orders.
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. Unlike french law, there is no specific definition of force majeure under uae law. The uae aims to establish the first inhabitable human settlement on mars by 2117. Construction law in the united arab emirates and the gulf is an authoritative guide to construction law in the united arab. 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. Hassan mohsen elhais has been practicing as a legal consultant in dubai since 2006.
In the context of construction law practice in the uae, the writer finds that common. Article 273 of the uae civil code federal law no 8 of 1985 only requires. After qualifying as a lawyer in his native egypt within the fields of criminal and public law, dr. It is the crucial point in determining taxability of a transaction under the decree law. 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. I am excited to report that construction law in the united arab emirates and the gulf will be published in april. They implement unified building codes, which deal with construction safety and fire protection among other issues. Essam al tamimi, a prominent uae legal practitioner, said in his book. 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. Local municipalities in the uae are the entities authorised for overseeing building and construction safety in the country. Nov 12, 2012 the uae civil code governs construction and other contracts entered into in the uae. The uae federal law does not require any specific construction related insurance to be taken out in respect of projects. The book is a practical guide to the law governing construction contracts and.
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. Richard harding qc, in construction law international. As the uae is a civil law jurisdiction, uae law principles are mainly codified in the civil transaction law no. Michael groses book is an indispensable guide to anyone with an interest in the law relating to construction contracts in the gulf region. The 1999 editions of these fidic forms are the most commonly used versions. Until 1st october 2008, the society was called the society of construction law uae. Therefore, parties are free to choose uae civil law and other relating legislation as governing law of the construction contract. It is practical, sensible, and based on unrivalled research. Article 3901 of the uae civil code allows the parties to agree on a fixed amount of damages in advance. 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. The uae legal guide book aims to provide an overview of the uaes legal system, main uae laws, and the uae courts system.
Generally, construction contracts follow the conditions of contracts as stated in fidic 1999, the red book. Oct 17, 2016 in the uae, many contracts appear to be drafted in onesided language biased towards the employer. First book on gcc construction law launched in uae business. The codes aim at improving the construction standards for buildings in the uae. 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. Fidic has long been renowned for its flexible suite of standard forms of contract for use on international construction and engineering projects. The governing law clause is subject to the prevailing regulations of the united arab emirates. Subcontracting is common in the modern construction industry. 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. The uae legal guide book aims to provide an overview of the uae s legal system, main uae laws, and the uae courts system.
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. Therefore, the interpretation of the contractual relationship is largely inspired by the uae civil code. Place of supply what is place of supply and how shall it be determined.
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