Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts

Termination rights in relation to a contract are significant as a practical way of applying pressure on other party in the contract. However, exercising the rights of termination ought to be approached using extreme caution. International Federation of Consulting Engineers (FIDIC) is a global body t...

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محفوظ في:
التفاصيل البيبلوغرافية
المؤلف الرئيسي: ALBAHAR, ISMAIL ABDULLA (author)
منشور في: 2018
الموضوعات:
الوصول للمادة أونلاين:https://bspace.buid.ac.ae/handle/1234/1274
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author ALBAHAR, ISMAIL ABDULLA
author_facet ALBAHAR, ISMAIL ABDULLA
author_role author
dc.creator.none.fl_str_mv ALBAHAR, ISMAIL ABDULLA
dc.date.none.fl_str_mv 2018-12-24T10:53:38Z
2018-12-24T10:53:38Z
2018-07
dc.format.none.fl_str_mv application/pdf
dc.identifier.none.fl_str_mv 2015122104
https://bspace.buid.ac.ae/handle/1234/1274
dc.language.none.fl_str_mv en
dc.publisher.none.fl_str_mv The British University in Dubai (BUiD)
dc.subject.none.fl_str_mv UAE Law
construction contracts
FIDIC ctandard contracts
termination
United Arab Emirates (UAE)
law
dc.title.none.fl_str_mv Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts
dc.type.none.fl_str_mv Dissertation
description Termination rights in relation to a contract are significant as a practical way of applying pressure on other party in the contract. However, exercising the rights of termination ought to be approached using extreme caution. International Federation of Consulting Engineers (FIDIC) is a global body tasked with developing rules and regulations that ought to be put into consideration in the process of engaging in construction contracts. Thus, this body provides special guidelines on the conditions that parties follow while engaging in construction contracts. It also provides regulations for the grounds for construction contracts termination. On the other hand, the United Arab Emirates has its own specific provisions as it relates to terminating construction contracts. The provisions of United Arab Emirates are enacted from statutes and the civil code of this nation. As a consequence, there are various variations in the utilization of the grounds for the termination of construction contracts. Similarities also exist in relation to the application of the construction contract termination in tandem to these forenamed laws. However, there is laxity in the application of the provisions for the grounds on the termination of construction contracts. In this case, the UAE has to ensure that it enhances fairness in the application of the grounds for the termination of construction contracts. It is necessary to explore the comparisons between the UAE law and FIDIC Standard Contracts by looking at both contractual laws to establish the grounds on which they appear to be similar so that the context of their application is related and the standpoint of the disparities in their applicability. There is also the need for reviewing the conditions related to the termination of the contract based on the assertions by the laws of the United Arab Emirates and the FIDIC terms connected to the effective termination of construction contracts.
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spelling Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard ContractsALBAHAR, ISMAIL ABDULLAUAE Lawconstruction contractsFIDIC ctandard contractsterminationUnited Arab Emirates (UAE)lawTermination rights in relation to a contract are significant as a practical way of applying pressure on other party in the contract. However, exercising the rights of termination ought to be approached using extreme caution. International Federation of Consulting Engineers (FIDIC) is a global body tasked with developing rules and regulations that ought to be put into consideration in the process of engaging in construction contracts. Thus, this body provides special guidelines on the conditions that parties follow while engaging in construction contracts. It also provides regulations for the grounds for construction contracts termination. On the other hand, the United Arab Emirates has its own specific provisions as it relates to terminating construction contracts. The provisions of United Arab Emirates are enacted from statutes and the civil code of this nation. As a consequence, there are various variations in the utilization of the grounds for the termination of construction contracts. Similarities also exist in relation to the application of the construction contract termination in tandem to these forenamed laws. However, there is laxity in the application of the provisions for the grounds on the termination of construction contracts. In this case, the UAE has to ensure that it enhances fairness in the application of the grounds for the termination of construction contracts. It is necessary to explore the comparisons between the UAE law and FIDIC Standard Contracts by looking at both contractual laws to establish the grounds on which they appear to be similar so that the context of their application is related and the standpoint of the disparities in their applicability. There is also the need for reviewing the conditions related to the termination of the contract based on the assertions by the laws of the United Arab Emirates and the FIDIC terms connected to the effective termination of construction contracts.The British University in Dubai (BUiD)2018-12-24T10:53:38Z2018-12-24T10:53:38Z2018-07Dissertationapplication/pdf2015122104https://bspace.buid.ac.ae/handle/1234/1274enoai:bspace.buid.ac.ae:1234/12742021-09-15T07:55:21Z
spellingShingle Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts
ALBAHAR, ISMAIL ABDULLA
UAE Law
construction contracts
FIDIC ctandard contracts
termination
United Arab Emirates (UAE)
law
title Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts
title_full Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts
title_fullStr Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts
title_full_unstemmed Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts
title_short Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts
title_sort Comparison Grounds for Construction Contracts Termination under UAE Law and FIDIC Standard Contracts
topic UAE Law
construction contracts
FIDIC ctandard contracts
termination
United Arab Emirates (UAE)
law
url https://bspace.buid.ac.ae/handle/1234/1274