(The British University in Dubai (BUiD), 2015-03) Ahmad, Essa Ahmad Ali Abdulla
The obligations and rights of the parties involved are allocated in the agreed terms of the contract, and the parties’ actions are generally administered by the governing law. Therefore, legal controls and ample statutory regulations are expected to be provided by the governing law to regulate the terms, in addition to offering adequate guidance to courts in interpreting these terms. This dissertation aims to investigate the notion of unforeseen physical conditions, the different standard form of contracts provisions relating to unforeseen physical conditions, and the other shared common notions of force majeure, imprevision, and misrepresentation. This study is intended to assess United Arab Emirates (UAE) legislation in comparison with its common law and civil law counterparts. The research findings provide a need for statutory intervention in the UAE in matters of unforeseen physical conditions for the construction industry.