Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law

The liquidated damages and delay penalties and their limitation pursuant to the contract versus the applicable law are a subject that is frequently triggered during construction disputes all over the world. There are some differences between common and civil law countries when it comes to related ca...

وصف كامل

محفوظ في:
التفاصيل البيبلوغرافية
المؤلف الرئيسي: Bakir, Wissam (author)
منشور في: 2016
الموضوعات:
الوصول للمادة أونلاين:http://bspace.buid.ac.ae/handle/1234/968
الوسوم: إضافة وسم
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author Bakir, Wissam
author_facet Bakir, Wissam
author_role author
dc.creator.none.fl_str_mv Bakir, Wissam
dc.date.none.fl_str_mv 2016-02
2017-02-26T13:00:59Z
2017-02-26T13:00:59Z
dc.format.none.fl_str_mv application/pdf
dc.identifier.none.fl_str_mv 2013122053
http://bspace.buid.ac.ae/handle/1234/968
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 liquidated damages
United Arab Emirates Law
delay penalties
construction industry
law
dc.title.none.fl_str_mv Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
dc.type.none.fl_str_mv Dissertation
description The liquidated damages and delay penalties and their limitation pursuant to the contract versus the applicable law are a subject that is frequently triggered during construction disputes all over the world. There are some differences between common and civil law countries when it comes to related cases. Since United Arab Emirates/ Dubai is a metropolitan country/ City that has attracted different professionals from around the globe with their different law backgrounds and interpretation of the Liquidated Damages and Delay Penalties; this subject has become a hot point of contention between the construction industry professionals. In this dissertation I will be discussing the concept of the Liquidated Damages and Delay Penalties, why they are required in the contract; what their benefits are; how they are commonly used by the employer; what the difference is between them according to common and civil laws; and, the applicability of limiting them according to contract and applicable law. I will also be discussing the limitation of liability in general as a comparison between English and United Arab Emirates laws. To conclude I will submit recommendations on which one to use and under what circumstances.
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publisher.none.fl_str_mv The British University in Dubai (BUiD)
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spelling Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates LawBakir, Wissamliquidated damagesUnited Arab Emirates Lawdelay penaltiesconstruction industrylawThe liquidated damages and delay penalties and their limitation pursuant to the contract versus the applicable law are a subject that is frequently triggered during construction disputes all over the world. There are some differences between common and civil law countries when it comes to related cases. Since United Arab Emirates/ Dubai is a metropolitan country/ City that has attracted different professionals from around the globe with their different law backgrounds and interpretation of the Liquidated Damages and Delay Penalties; this subject has become a hot point of contention between the construction industry professionals. In this dissertation I will be discussing the concept of the Liquidated Damages and Delay Penalties, why they are required in the contract; what their benefits are; how they are commonly used by the employer; what the difference is between them according to common and civil laws; and, the applicability of limiting them according to contract and applicable law. I will also be discussing the limitation of liability in general as a comparison between English and United Arab Emirates laws. To conclude I will submit recommendations on which one to use and under what circumstances.The British University in Dubai (BUiD)2017-02-26T13:00:59Z2017-02-26T13:00:59Z2016-02Dissertationapplication/pdf2013122053http://bspace.buid.ac.ae/handle/1234/968enoai:bspace.buid.ac.ae:1234/9682021-10-11T13:41:31Z
spellingShingle Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
Bakir, Wissam
liquidated damages
United Arab Emirates Law
delay penalties
construction industry
law
title Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
title_full Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
title_fullStr Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
title_full_unstemmed Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
title_short Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
title_sort Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
topic liquidated damages
United Arab Emirates Law
delay penalties
construction industry
law
url http://bspace.buid.ac.ae/handle/1234/968