International Construction Law Review
THE RISK OF DEFECTIVE MATERIAL AND WORKMANSHIP – A STUDY ON THE PROVISIONS OF CONSTRUCTION CONTRACTS UNDER THE EGYPTIAN CIVIL LAW1
TAREK HUSSEIN HAMED*
SHERIF MOSTAFA EL HAGGAN**
NABIL ABDEL BADEI YEHIA***
INTRODUCTION
Article 648 of the Egyptian Civil Code (ECC) details the contractor's responsibility for the quality of material to be included in the works. In this paper the authors discuss the risk of contractor's defective material and workmanship as currently stipulated under the Egyptian Civil Code with the objective of recommending the need for amendment and, if any, drafting such amendments. They conclude that although the provisions under the Egyptian Civil Code relevant to the risk of defective material accord generally with principles of risk allocation, there is a need to amend the relevant provisions under the Egyptian Civil Code. Suggested changes are set out at the conclusion of this article.
THE STATUTORY BACKGROUND IN EGYPT
Article 648 of the Egyptian Civil Code (ECC) provides: “When the contractor undertakes to supply the whole or part of the materials to be used in the work, he is responsible for and warrants their good quality to the employer.” According to this article, and given that the contractor is to be responsible for the quality of material delivered and shall guarantee it, the contractor has to bear the risk of any defect in material that reduces its value or efficacy in light of its intended purpose. The contractor has also to bear the risk
1 This paper is part of a PhD thesis titled “Risk Provisions in Building and Construction Contracts, a Comparative Study between the Egyptian Civil Code and the FIDIC Conditions of Contract” submitted to Faculty of Engineering at Cairo University, 2011.
* PhD, Faculty of Engineering, Cairo University.
** PhD, Sheffield University, England, FCIArb, London, CEDR Accredited Mediator, London, Dispute Review Board Foundation Country Representative for Egypt.
*** Professor of Concrete Structures, Faculty of Engineering, Cairo University.
The International Construction Law Review [2014
198