International Construction Law Review
DESIGN RISK, UNFORESEEABLE GROUND CONDITIONS AND TIME FOR COMPLETION UNDER THE UAE AND QATAR CIVIL CODES
Bill Smith1
Partner, Pinsent Masons LLP
1. INTRODUCTION
The GCC has played host to contractors and consultants from a number of different jurisdictions for many years. Some international players have sought comfort in nominating either their own national law, or that of a “neutral” third party state as the governing law of their contracts. While on the surface this may be an attractive option, there are potential pitfalls. One of these is that it will not preclude the operation of mandatory laws which apply within the State.
The aim of the paper is to examine whether there are any mandatory laws which apply in relation to these three common construction risks in the United Arab Emirates and Qatar.
2. DESIGN RISK
2.1 The position under UAE Law
What is the applicable standard of care for design work?
In the UAE, subject to the mandatory decennial liability provisions of the UAE Civil Code2 (discussed below), the allocation of risk for design and the required standard of care to be exercised is first and foremost a matter of contract.
1 Bill Smith, B.Arch.St, B.Arch (Hons), LLB (Hons), Solicitor England and Wales, New South Wales, Australia, Legal Consultant, Dubai, UAE. Partner, Pinsent Masons LLP, Dubai. I acknowledge with sincere gratitude the hard work of my assistants Maria Mazzawi and Pamela McDonald. Any errors are my own. Attribution to Pamela McDonald, LLB (Hons), Solicitor England and Wales, Associate, Pinsent Masons LLP, Doha and Maria Mazzawi, LLB (Hons.), LLM, MCIArb, Member of the Jordanian Bar Association, Legal Consultant, Dubai, UAE. Solicitor, Pinsent Masons LLP, Dubai for assistance.
2 Federal Law No 5 of 1985 as amended by Federal Law No 1 of 1987.
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