Dissertations for Construction Law in Dispute Resolution (CLDR)
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Browsing Dissertations for Construction Law in Dispute Resolution (CLDR) by Author "Akulenka, Iryna"
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Item The Users’ Perceptions on the Impartiality of the Engineer under the FIDIC Red Book(The British University in Dubai (BUiD), 2013-11) Akulenka, IrynaThe thesis of this research had been chosen for the extent of controversy around the role of the Engineer under the FIDIC Red Book. UAE construction industry was the key object of the study and the study largely relied on the fieldwork. This study is unique in a sense that there were no attempts to tackle this topic in the context of the UAE. The research offered in-depth analysis of the perception of the Engineer’s impartiality by the users of FIDIC Red Book in the UAE, namely the Employers and the Contractors. The study also analyzed some key relevant provisions of the FIDIC Red Book. Finally, the study offered various solutions to overcome the issue with the impartiality. The findings suggest that the majority of the Red Book users in the UAE do not perceive the Engineer as an impartial body under the contract. Based on these findings, the recommendations on the next steps that could be undertaken and that may serve as a thesis for further research were proposed. It is hoped that the FIDIC drafters may consider the findings of this study in order to further improve the efficiency of the key provisions in the FIDIC Red Book.