Construction Contracts in the UAE

Introduction

Where a real estate project or any construction is concerned, a contract is an essential part of the process. It offers key protections for the parties to the contract and for both homeowners and contractors or project owners. In overall, it provides obligations and duties that the parties have agreed to and protection for the sides involved if one of them fails to adhere to the terms. It includes details concerning the project and the work that will be conducted and how compensation will be dealt with associated with the project. In the event of a breach by one of the parties, the other will have vital lawful remedies to consider.

The party that respects the contract may seek compensatory damages for the fiscal harm suffered, rescind, cancel the contract or ask for particular performance of the contract, needing the other to adhere to terms. Due to the importance of the relationship between a contract and any construction project, it is important to thoroughly draft it and have trained guidance through the entire procedure. An effective drafting of a contract can help prevent conflicts along the way. Nevertheless, it is equally critical to comprehend how to address the disputes as a result of a breach. Both contract and construction laws are complex which is a reason why experts state it is necessary for the sides to know the basics of an agreement. This paper looks at the application of article no. 886 in case of substantially exceeded quantities by explaining how conflict emerges between a contractor and employer. It additionally highlights the process of obtaining a construction contract, that is, from procurement to reaching an agreement.

Discussion

The article no. 886 is concerned with solving the conflicts that arise between a contractor and employer when trying to determine whether the latter should add more money to the initial payment or not. However, it is important to note that before a contractor starts construction work, the first step is procurement. This is a procedure that refers to how individuals acquire goods and services they need. Without it, a client cannot get the products at the right price, dependable schedule and without unnecessary risk. The management of a certain deliverable is conducted in various steps including creation of the plan. The next step is requesting proposals and evaluating bids. The manager’s experience with engineers, local designers, suppliers and contractors is invaluable. After that, contracts are awarded and signed, as suggested by Albahar (2018)¹. When a service provider, supplier or contractor has been procured or chosen, construction procurement schedules dictate how and when the different resources are managed with proper milestones clearly described. This step is greatly facilitated with the use of construction management software.

The next step is administration as well as monitoring of the building procedure which includes management of the contract compliance, submittals, change orders, on-site quality assessments and tracking performance. The last task in this procedure is closing out the agreement and debriefing. The bidding procedure with regards to building projects starts with having design documents for work. The following step is inviting all interested parties to offer their proposals. Various contractors, service providers, and suppliers apply for the tender and their qualifications scrutinized. Once one has been selected, terms are identified, contract ratified, and goods provided or services executed. Whereas the definitions of contract management and procurement are different, they go hand-in-hand.

The former refers to the art of establishing clear documents whereby every party understands exactly what is expected from them, amount of remuneration as well as means of assessment of contract terms. Procurement is a critical part of the supply chain management and is involved in checking whether or not a contractor is involved in design process. For great projects, pros of collaborating in construction are evident. Re-measurement and lump sum price are two examples of methods used in the activity.

To further understand and know how the article no. 886 is applied in a case, it is important to understand the type of agreements that exist between employers and contractors. For instance, the re-measurement contract is a very popular type utilized in the construction industry. Large firms in the sector are utilizing the technique to hire subcontractors for tasks such as plastering, painting, among others. They thus, receive payment based on the work done (Salwa et al., 2019)². Contrasted to other methods, a client’s risk is much higher while that of the contractor is low. It is important to note that there is a difference between admeasurement and re-measurement. On the one hand, the latter is the entire process of re-measuring the finished quantity of work. On the other hand, the other refers to the difference that exists between real and estimated amount.

A re-measurement contract may be needed on a project where the critical work’s nature can be stated in relevant detail when they are tendered but not quantity. For instance, in excavation work, it is hard to approximate the amount until the job starts. Rather than providing a fixed price, the rates are offered in the tender of a contractor, either based on the price estimate or schedule. The real amount of work conducted then measured and the tender rates apply to the quantities. A contractor is paid according to their finished work and thus, pricing may vary from real estimates.

A re-measurement contract can permit an original start on site prior to the completion of the design. It as well supports the smooth modification or adjustment of the works. Nevertheless, there is some risk to the customer since they are unaware of the costs. The level of indecision for a client means that apart from civil engineering projects, this type of contracts is extraordinary. Finished tasks will rely on default unit rates in such agreements. The contractors will get every payment according to the actual work handled after measuring the finished one. Thus, the final project costs will depend on the unit price and exact amount.

A contractor will offer its rates according to the BOQ supplied by the customer. Furthermore, the agreement is useful in several works that measurement of quantity cannot determine in the first phase. Quality, time frame, and budget make up the requirements (Salwa et al., 2019)³. This type of contract is important in the event a client lacks a tight budget, desires to better and modify the design and finishes at another stage, and they want to begin works instantly. Thus, according to the above requirement, the project management team needs to prepare a preliminary design and proper BOQ to immediately start work.

The conventional tendering technique mainly assists in selecting the qualified and capable contractor. The team chooses the right individual after comparing the unit rates of several. All the information above helps in understanding re-measurement agreements. Some of the pros of applying re-measurement method in construction contract procurement include ability to reduce the costs, competitiveness of prices, low risk, and work starts after finalizing the BOQ and first design.

To understand why re-measurement is selected over other methods, it is important to examine at the latter. A lump sum contract, for instance, refers to the conventional manner of procuring construction and according to statistics, it is among the most common forms of agreements in construction projects. Under this type of contract, one prove for every work is agreed upon before starting the work. It is described in the Code of Estimating Practice as fixed contract whereby a contractor undertakes to be responsible for executing the finished contract tasks for a total amount of money.

It is generally appropriate whereby a project is clearly defined, tenders sought, and major modifications to requirements are not likely. This means that the contractor has the ability to price the work accurately (Salwa et al., 2019)⁴. A lump sum agreement may prove to be a challenge whereby importance is placed on speed or there is unclear understanding of the nature of the job. Other contract forms that might be more proper in such situations include measurement, cost reimbursement, and target cost, among others. In this type, the contractor is at more risk than the one experienced with others mentioned above. There are few techniques to enable them to differentiate their price and they offer the customer some assurance concerning the possible cost of the works. The tender procedure will seem slower than for other types of contracts and preparing one may be more expensive for a contractor.

Nevertheless, a lump sum agreement does not offer every project risk to a contractor and it is neither a guaranteed maximum nor fixed price. The price is likely to change even in the case of a lump sum contract. Techniques for varying the agreement sum include variations, relevant events, provisional sums, fluctuations, statutory fees, payments to nominated suppliers or sub-contractors, and that relating to opening up works for testing and inspection.

On the one hand, regarding variations, these refer to the modifications in the works’ nature. Majority of the contracts will possess a provision for the administrator or architect to issue guidance to vary the quantities, design, quality, working conditions, or sequence. On the other hand, relevant events may be as a result of the client, for instance, failing to supply instructions or goods.

On the one hand, a provisional sum is a term that means allowance for a certain work element that is less defined for tenderers to price. On the other hand, a fluctuation stands for a technique that helps to deal with the phenomenon inflation on a particular project that can take several years to complete. In such instances, contractors use current prices during the tendering process (Salwa et al., 2019)⁵. The contract then allows for provisions that ensures the contractor us compensated for the changes experienced over time. Experts claim that the well-defined the tasks are when a contract is agreed upon, the less likely it is that the amount will change.

It is critical that one recognizes that a fixed price agreement is not preferred by a client since it would require the price risks and a contractor has no control over them. It would as well offer very little scope for the client to change their requirements. Some of the cons of using the lump sum contract include the risk being high on the side of a contractor, and poor specs and details in the design can result in project conflicts.

The issue article no.886 handles, has its origin and it is essential to understand how it emerges. In almost all construction projects and works, occurrence of a contractor to do certain tasks that are not included in the contract, is common. This as well makes them feel that they deserve an extra payment over the initial agreed sum. Nevertheless, the fact that they did an extra task does not automatically qualify them for another payment. The exact conditions under which such can happen needs to be set out in the contract terms. Nonetheless, a contractor must find ways to prove that the available amount as established in the contract cannot suffice and that there was a verbal promise on when such an event occurred. For instance, where the contractor has done more than stipulated or utilizes superior materials to ones specified, but they were not instructed to do that, they will be disqualified for added recompense.

Similarly, in case an employer agrees to various works, they will not be necessarily liable for any added payment if they had no information of the increased costs involved. Generally, during an emergency whereby a contractor pays an amount to preserve the property of the employer, and has not been likely to gain instructions from them, they will qualify for extra payment. In the event the employer refuses their plea to offer more than initially estimated, the contractor is allowed to stop the progress of the work. If the former promises, however, to pay and discovers later that the particular task is part of the original work, promise cannot bind.

Even in the event an employer has had the advantage of additional work, if there are no written instructions, it is held that the contractor will not recover the payment. The latter needs to consider whether what they feel is added task is talked about in the agreement. A contract provides for alterations to what is defined or mentioned in the agreement (Salwa et al., 2019)⁶. A variation refers to a change in the scope of work in form of substitution, addition or omission from the initial one. It may as well be deemed to happen in case a contract document does not properly define the tasks required. The instructions here need to be straightforward as to what is and not included as well as may propose the valuation method.

To apply a section or a part of the constitution to a case, it is wise to understand how the principle of contract law in the United Arab Emirates works. A contract in the UAE is a binding document that identifies and governs the duties and rights of the sides or people involved in an agreement. It is lawfully enforceable if it qualifies in terms of requirements as well as approval of the legislation. It usually involves the exchange of service, goods, money or promise to carry out any of the mentioned. When it is stated that someone or one party of the agreement has breached the contract, it is meant that the laws will need to award the affected side through access of present remedies under contract law.

The United Arab Emirates Commercial Code controls the contractual relationship in the UAE. Additionally, depending on the nature of the associations, there are other laws such as rental, real estate, ship, and financial, that need compliance. Common legislation jurisdictions are put in place regarding contracts implemented by invoking the ADGM or DIFC legal arrangements. All contracts shall qualify the offer, subject matter, acceptance, and competency of parties, and terms and conditions requirement (Emirates, 1985)⁷. For writing rental agreement, it is important to acquire advice from a real estate lawyer in the UAE or Dubai to make the contract be up to the needed civil code.

The contract’s subject matter shall not conflict with the legislation as stipulated in the constitution of the land. It could be declared invalid depending on the invalidating factors present within the agreement or in the contract’s execution. There are instances whereby the agreement is reached or made orally instead of written. The UAE constitution allows as well as accepts verbal agreement only if there is proof (Salwa et al., 2019)⁸. One that is written can be implemented in a witness’ presence. Statutory Notarization is compulsory upon particular types of contracts, for example, MOA, Agency Agreement, Will, among other.

Any meeting concerning contracts, the requirement and key ingredients could be lawful unless or otherwise declared illicit by virtue of disqualifying issues on the contents or the implementation of the terms. Article 246 stipulates that an agreement should be reached in a manner consistent and portrays good faith. The legislation as well offers provisions for the contract termination. From a practical standpoint, it is essential to be thorough while drafting the agreement with regards to duties, responsibilities, capacity of parties, and subject matter, among others. Selecting the most viable law, execution mode, and dispute resolution mechanism are other critical factors to be examined prior to booking a contract. Law experts suggest that individuals hire experienced lawyers to help them over such matters. They offer insight that cannot be acquired by a few years of work in the field of law and can aid one to save much money.

Investment in infrastructure has formed a major part of the construction as well as projects industry in the United Arab Emirates. After a decline of close to five percent in 2020, the sector was anticipated to rebound in 2021 (Salwa et al., 2019)⁹. Upcoming events, for example, the Expo 2020, have driven the construction demand, especially in the hospitality and tourism industries, and public spending on infrastructure. The growth is anticipated to go past 2025, a phenomenon which is assisted by the laws, policies and regulations enacted in an attempt to better efficiency as well as attract foreign investors.

For example, a novel code concerning construction in Dubai was approved with intentions of seeking to lower the building costs by streamlining rules. Secondly, foreigners can as well own firms in the United Arab Emirates without the need of a local on the board. The third one is Dubai’s remote employee visa and finally the announcement that the government will deliver a 3-phase package to strengthen the economy by encouraging investment and supporting labor market. Beyond the immediate time, infrastructure is anticipated to be important in the UAE’s plans of expanding as the government pushes forward programs such as the 2040 target of establishing urbanization in Dubai.

It is possible to hire the services of a contractor who can build as well as design different aspects of a project. Nevertheless, in the region, a split procurement method is more preferred or embraced whereby an employer can source the design scheme from another individual and then with the help of another contractor, implements it. In extensive projects in terms of size that may involve foreign contractors, an employer at times hires a single one to conduct the design as well as build elements of the task. Under the strategy, a contractor sources the blueprint from a sub-consultant. The Federal Regulation of Conditions of Purchases, Tenders and Contracts, Financial Order No. 16 of 1975 determines how to conduct the procurement process in the Middle East nation.

Open public tenders are needed since majority of the tenders with a contract value of over seven hundred thousand AED. Public safeguard arrangements are directed by their assortment of area explicit guidelines. The Public Tenders Law is applicable to bureaucratic government (Salwa et al., 2019)¹⁰. Individual emirates have their strategies of acquiring which stick to the government framework. The two advisors and workers for hire at the worldwide level are limited by the Public Tenders Law which specifies that global elements need to meet a few circumstances. For example, they need to work by means of a joint endeavor with a nearby element or set up one that has a UAE public as the greater part investor.

With respect to transaction structures, a contractor authorized by one of the corporate structures identified under the law usually handles a local project. The most common include limited liability companies and private joint stock companies. An international project, on the other hand, is often carried out via special purpose vehicles or JVs. The latter are established for significant works by an assemblance of contractors that is often a local contractor and a foreign contractor (Fernando and Sethu, 2021)¹¹. The former on the other hand are commonly utilized in project finance. SPVs made for project finance aims are not normally owned by a single investor but a group of private parties including financiers and builder, for example, financial institutions (Sk, 2018)¹². This is created to guarantee that the project’s delivery by maintaining the project funding availability through the entire time of the task and to manage the member’s exposure to risks (Salous, 2021)¹³. An SPV often takes the form of limited liability company particularly established for a specific project.

Regarding finance, local, public and government authority projects in the country are self-funded. Nevertheless, it is likely that a project which has traditionally been wholly government-funded may in later years be privately-sponsored via a public private finance program. For international projects, the magnitude obviously impacts the manner in which they are funded. More modest ones will generally be supported by a moneylender on a corporate or full response premise while bigger will be supported on an undertaking finance premise. This for the most part includes raising of funds on a restricted asset premise fully intent on fostering an extraordinary capital concentrated project by which the borrower is a SPV. Reimbursement relies upon the agreements of the financing understanding (Fayad, 2016)¹⁴. The enormous scope assignments depend on the Loan Market Association standard money records. In the United Arab Emirates, a few neighborhood monetary foundations are playing a functioning job in the subsidizing of incredible tasks. In this country, there are organizations that are willing to invest or fund great construction projects (Salwa et al., 2019)¹⁵. In certain occurrences, Islamic money structures have been coordinated and offer one more choice to customary supporting.

Regarding contractor risks, the FIDIC contracts have reasonable as well as impartial provisions dealing with risk allocation between the contractor and employer. The Construction Chapter as well has numerous provisions handling allocation of impossibility of performance and risk (Rehman et al., 2021)¹⁶. They include articles 875(2), 894, 887(1) and 889(2) (Farag and Khaled, 2018)¹⁷. The first one is responsible for a contractor’s care of work as well as duties to observe appropriate technical standards in preserving the material offered by an employer. They are supposed to return the entire surplus to the owner who is the employer. Any material loss or damage is automatically the responsibility of the contractor.

Article 894 handles every one of the impacts of power majeure and directs that the worker for hire is qualified for the worth of the work acted in the event that it becomes unequipped for completing because of something out of hand. Article 887(1) handles the worker for hire’s non-privilege to demand installment far beyond the singular amount or sum settled after during the foundation of the agreement (Mahmoud and Beheiry, 2021)¹⁸. Finally, article 889(2) is worried about the privilege of the project worker to fair compensation assuming any unpredicted event happens forestalling the completing of the work as per the pre-arranged plan.

Regarding excluding liability, limitation of the clauses responsible for that utilized in construction agreements in the nation and are enforceable by the United Arab Emirates courts. Nevertheless, limitation of liability terms cannot typically be maintained by the courts or likewise a mediation council. There are arrangements that are legal concerning the obligation impediment and are found in the Civil Code. For example, article 296 is applied in cases that include tortious risk and specifies that an arrangement that absolves a blameworthy person from obligation is invalid (Khrais, 2021)¹⁹. Another is article 880 which handles decennial risk and directs that creators, project workers, and designers are obligated for 10 years after consummation and handover of development work for any imperfections or breakdown.

Irrespective of the government, a tribunal or a court has the ability to modify an agreed payment to a figure that seems rational and equates to loss experienced. This is vital in the case of liquidated losses which are commonly applied to a contractor in the event of an attributable delay. In a familiar case, a judge revises the agreed damages according to the amount of loss (Salwa et al., 2019)²⁰. This is invoked by a contractor to limit the quantity of liquidated damages agreed in a contract.

Regarding material delays as well as variations, a most common provision in the UAE with respect to construction agreements consists of liquidated damages or clauses applied in the case of a delay of work completion. A contractor will attempt to prevent various events from capture under the clause to protect themselves from a massive penalty. This includes failures to deliver on time as a result of variations an employer demands. It can as well consist of delays in accessing site or receiving approval or drawing from the authorities. Nevertheless, in the wake of the 2019 new and unprecedented COVID-19 pandemic, sides are likely to ask for re-negotiation existing terms to exempt to delay due to the pandemic.

In spite of the effect the pandemic brought about, in case a variation is made after permission from employer is received, the contractor is supposed to get a compensation for the extra work. According to the United Arab Emirates’ constitution, this is defined in a lump sum contract. The courts have recognized that extra work is compensable as long as the employer is aware of the other duties carried out. It is common for them to include particular notification provision for a contractor to comply to ask an extension of time. Failure to this, it may result in a loss of the claim by the contractor. In this sense, the country’s judicial system has consistently confirmed that failing to comply with such condition will lead to dismissal of contractor’s claim.

Application of Article No. 886 to a Case of Substantially Exceeded Quantities

According to the standpoint of the United Arab Emirates Law in practice, cases of substantially exceeded quantities are handled by article 886. It stipulates that when a contract is concluded according to the estimate drawn up on a unit price basis, a contractor is bound to let the employer know about the issue of added work. If they fail to accomplish that, they shall forfeit their right to recover any expenditure in excess (Larkin, 2007)²¹. On the other hand, if the excess in the price is great, the employer may release themselves from the contract and stop execution, and pay contractor for work done until that point.

Law exists to protect the people and not condemn any particular individual. In contracts or agreement scenarios, legislation is applied to ensure that no one particular party is affected negatively (Kandil, Yehia, and Hamed, 2020)²². For instance, in the construction industry, the relationship between the employer and contractor is directed by the law of the country in which they operate (Alhyari and Hyari, 2021)²³. In the United Arab Emirates, the article 886 protects both the employer and contractor. The latter is able to ask for additional money after discovering that a project costs more than anticipated initially or stipulated in a contract. A contract binds and in that sense, a clause such the one in discussion is important as it helps protect the contractor from loss that is not due to their causing.

At the start of a construction activity, certain materials needed for later stages of the process may cost more than planned initially. This forces the contractor to continue with purchasing materials needed. However, the project does not belong to them and thus, they are experiencing a loss in terms of the business standpoint (Kataria, 2021)²⁴. It is as well cautioning that they have to report the issue on first notice. Additionally, the change that needs to be done or increase on costs has to be determined if it is needed since there are some unethical individuals who mislead employers.

It is the duty of the employer to then give the contractor the permission to continue with the project knowing that he will have to pay for added work. If not, they are required to stop the progress and pay the latter for the work already done. This is important since it ensures that no single party of the agreement affects the other financially (Khan, 2018)²⁵. Without such a law, it would be difficult for many building projects to be completed especially in a nation such as UAE. A majority of the top projects in construction are associated with the nation (Salwa et al., 2019)²⁶. Much of the success in the industry is attributed to the judicial system which guarantees that different parties involved in the line of work are not in conflict (Grose, 2016)²⁷. Apart from serving the local population or UAE nationals, these laws are applicable as well to the foreign investors.

Cases

Petition No.22/2005 Vol.16, P823

With regard to construction contracts, the Supreme Court has participated in rulings that have helped shape the industry, for instance, in a petition no.22/2005 vol.16, P823. It ruled that determining legality of a building agreement and if it is within the scope of Article 886 is a matter which needs to be established by the court without the need of consultation. It as well held that checking whether it is valid and is a fixed price contract based on Article 887 is a process that does not need to involve experts. Witnesses’ statements before an expert are deemed circumstantial evidence which the court must consider alongside other presented proof according to judgments by the Dubai Supreme Court.

Nevertheless, it is a fact that witnesses are rarely asked for testimony in the assignment of the expert. In the event a witness is proven to be malicious or biased, their testament is considered unreliable unless it is under oath. The Dubai Supreme Court’s judgments enabled the expert to look for assistance of others in finalizing his report. The court system is unable to determine the report writing process which means they have all the freedom.

Petition No. 281/2004, Vol.16, p.284

A disturbing question in the construction industry is whether a substantive suit can be initiated in spite of a summary judge closing a file. The Supreme Court in Dubai offered in 2004 a positive standpoint under a cassation petition. It ruled that Article 68 indicated that determination of the status quo is a provisional action aimed to prevent a risk of losing particular features that cannot be accomplished by adhering to usual litigation procedure. A ruling that is reached under this article cannot determine a conflict (Salwa et al., 2019)²⁸. It cannot influence the parties’ right to find another option of resolving the conflict.

Conclusion

A contract offers key protections for the parties to the contract and for both homeowners and contractors or project owners. In overall, it provides obligations and duties that the parties have agreed to and protection for the sides involved if one of them fails to adhere to the terms. It includes details concerning the project and the work that will be conducted and how compensation will be dealt with associated with the project. In the event of a breach by one of the parties, the other will have vital lawful remedies to consider.

Procurement is another vital part of supply chain management and takes on various flavors in terms of whether or not a contractor is involved in design. For extensive projects, the advantages of collaborative construction as well as strategic partnering are self-evident. There are different methods of procurement including re-measurement, lump sum price, cost plus, guaranteed maximum price or target cost. According to RIBA, an essential part of establishing a procurement approach for assembling a project team is defining the timing of contractor involvement. Royal Institute of British Architects provides various models which are different depending on the strategy chosen. Some of the options mentioned include traditional, management, design and build, and contractor-led contracts. Procurement management plans map out clearly how the procedure is supposed to be managed, and there will be an agreement for every procured product or service to ensure all people share common goals.

Large firms in the sector are utilizing the technique to hire subcontractors for tasks such as plastering, painting, among others. In this approach, they receive the payment according to actual work. Contrasted to other methods, a client’s risk is much higher while that of the contractor is low. It is important to note that there is a difference between admeasurement and re-measurement. On the one hand, the latter is the entire process of re-measuring the finished quantity of work. On the other hand, the other refers to the difference that exists between real and estimated amount.

In construction management, the process comprises of all services or goods required to bring the project to completion in a satisfying and timely manner. The management of a deliverable takes place in a number of steps. The next step is requesting for proposals and evaluating bids. The manager’s experience with engineers, local designers, suppliers and contractors is invaluable after which, contracts are awarded and signed. When a service provider, supplier or contractor has been procured or chosen, construction procurement schedules dictate how and when the different resources are managed with proper milestones clearly described. This step is greatly facilitated with the use of construction management software. The next step is administration as well as monitoring of the building procedure which includes management of the contract compliance, submittals, change orders, on-site quality assessments and tracking performance. The last task in this procedure is closing out the agreement and debriefing.

Reference List

Albahar, I.A. (2018). Comparison grounds for construction contracts termination under UAE Law and FIDIC standard contracts (Doctoral dissertation, The British University in Dubai (BUiD)). Web.

Alhyari, O. and Hyari, K.H. (2021). Impact of variation in estimated quantity clauses on allocating financial risks in measurement contracts. Journal of legal affairs and dispute resolution in engineering and construction, 13(4), pp. 5. Web.

Emirates, U.A. (1985). On the civil transactions: law 5.

Farag, R. and Khaled Masadeh, A. (2018). Understanding foreseeability in construction contracts 1999 FIDIC Red Book as an example. Web.

Fayad, R.M. (2016). Power of employer to vary works under FIDIC standard contracts and UAE Law (Doctoral dissertation, The British University in Dubai (BUiD)). Web.

Fernando, T. and Sethu, S.G. (2021). FIDIC contracts: applicability in UAE & COVID-19 impact. In 2021 International Conference on Computational Intelligence and Knowledge Economy (ICCIKE) (pp. 42-45). IEEE. Web.

Grose, M. (2016). Construction law in the United Arab Emirates and the Gulf. John Wiley & Sons. Web.

Kandil, O.A., Yehia, N.A. and Hamed, T.H. (2020). Consequences of quantities increase under some civil codes and FIDIC Red Book. Journal of legal affairs and dispute resolution in engineering and construction, 12(1), pp. 6. Web.

Kataria, S.M.A. (2021). Performance comparison between design-build vs. design-bid-build in construction projects at UAE (Doctoral dissertation, The British University in Dubai (BUiD)). Web.

Khan, H.D. (2018). Prospects of mediation as an alternative dispute resolution mechanism in the UAE construction industry (Doctoral dissertation, The British University in Dubai (BUiD)). Web.

Khrais, R.I. (2021). Delay in completion and the employer’s entitlement for liquidated damages under UAE Law and FIDIC standard form contracts (Doctoral dissertation, The British University in Dubai (BUiD)). Web.

Larkin, C. (2007). Quantity clause needs update. Web.

Mahmoud, H. and Beheiry, S. (2021). Sustainability inclusion in construction contracts index. Journal of legal affairs and dispute resolution in engineering and construction, 13(4), pp. 4. Web.

Rehman, M.S.U., Shafiq, M.T. and Afzal, M. (2021). Impact of COVID-19 on project performance in the UAE construction industry. Journal of engineering, design and technology. Web.

Salous, A. (2021). Termination of construction contract under UAE Law (Doctoral dissertation, The British University in Dubai (BUID)). Web.

Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3. Web.

Sk, G. (2018). Pay when paid and pay if paid-UAE perspective. Ct. Uncourt, 5, pp.33. Web.

Footnotes

• 1 Albahar, I.A. (2018). Comparison grounds for construction contracts termination under UAE Law and FIDIC standard contracts (Doctoral dissertation, The British University in Dubai (BUiD)).
• 2 Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3.
• 3 Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3.
• 4 Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3.
• 5 Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3.
• 6 Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3.
• 7 Emirates, U.A. (1985). On the civil transactions: law 5.
• 8 Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3.
• 9 Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3.
• 10 Salwa, A. F., El-Adaway, I.H., Perreau-Saussine, L., Abdel Wahab, M.S. and Hamed, T.H., 2019. Civil law context for understanding employer’s payment obligations under common law FIDIC. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 11(1), pp. 3.
• 11 Fernando, T. and Sethu, S.G. (2021). FIDIC contracts: applicability in UAE & COVID-19 impact. In 2021 International Conference on Computational Intelligence and Knowledge Economy (ICCIKE) (pp. 42-45). IEEE.
• 12 Sk, G. (2018). Pay when paid and pay if paid-UAE perspective. Ct. Uncourt, 5, pp.33.
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