Dissertations for Construction Law in Dispute Resolution (CLDR)

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Key clauses in the Dubai municipality general conditions of contract: are they compatible with Islamic Law?
(The British University in Dubai (BUiD), 2012-05) Al Awar, Samira
This dissertation considers whether Dubai Municipality General Conditions of Contract are compatible with Islamic law or not? It focuses only on two main headings i.e. the contingent events and the delay damages. It also, compares the DM conditions with Dubai Government Departments Contracts law and UAE law. Concerning the two topics, the dissertation concludes that the conditions are not in strict compliance with Islamic law and therefore, adjustments are required in order to seek compatibility. Surprisingly, it also shows that the contingent events article of UAE law i.e. article 249 of the Civil Code is not as well in compliance with Islamic rules and principles.
It's not you. It's me! Terminating contractors for convenience in the UAE
(The British University in Dubai (BUiD), 2012-05) McDwyer, Garvan Anthony
This dissertation examines the potential conflict between standard construction contract clauses on termination for convenience and the UAE Civil Code provisions which could override them. Is there a loophole for Contractors to exploit when terminated for Convenience? Is it lawful for an employer to terminate a contract essentially because the financing is not available or simply because the project is no longer feasible? The study will involve a critical analysis of the local law provisions in relation to terminating construction projects with respect to standard industry norms.
The Prospect of Introducing Statutory Adjudication in the UAE Construction Industry
(The British University in Dubai (BUiD), 2013-04) Guirges, Wafeek Guirges Salib
Statutory Adjudication is a novel dispute resolution mechanism in the construction industry. It was first introduced in the UK construction industry following the introduction of the Housing Grants, Construction and Regeneration Act (HGCR Act) in (1996) . Consequently, some other common law countries have followed the UK’s footstep by introducing statutory adjudication. However, statutory adjudication has not attracted much attention outside common law countries especially in the UAE. Accordingly, the main aim of this research is to determine whether there are prospects of introducing statutory adjudication in the UAE construction industry. To achieve this aim, interviews were conducted with experts to investigate whether there is a of introducing a new mechanism of solving the disputes in the local construction industry. This study further examined the obstacles which might be faced in introducing this mechanism, specifically its contradictions with the UAE law. The interviews conducted with some experts in the UAE construction industry showed, their dissatisfaction toward the common method used in solving the disputes. The experts argued that; the litigation or even arbitration takes very long time in addition to more incur monies due to its long procedures. Added that; if we have better mechanism we would prefer using it, but our hands are tight with commonly used mechanisms. Therefore, the findings and final results will display the considerable demand of introducing the statutory adjudication in the UAE construction industry due to its significant characteristics.
Delocalized Arbitration myth or reality? Analyzing the interplay of the delocalization theory in different legal systems.
(The British University in Dubai (BUiD), 2013-04) Habib, Sadaff
This dissertation seeks to examine the stigma attached to the idea of a delocalized or floating or transnational arbitration. Whilst the debate on this subject has ensued for decades, this paper seeks to analyze whether the reasons for its slow development in the sphere of international commercial arbitration is due to its characteristics or if it’s acceptability and development is attached to the kind of legal system that operates in a given State. The analysis herein is limited to the jurisdictions of England, USA and France with an overview of the UAE. Data has been gathered mostly from journals on the subject and interviews of well-known multi-jurisdictional practitioners. Interestingly it has been found that delocalization or trans-nationalization is not tied to a particular legal system but is related to the extent to which a state is arbitration friendly. Furthermore, although delocalized arbitration has not been adopted in entirety soft delocalization (with certain aspects of it being adopted) is in play. The implications of this are that as international commercial arbitration continues to expand there may well be a development in the future in the form of an international instrument bridging the ideas of the seat theorists and those of the delocalized protagonists.
Impact of ‘back to back’ payment clause on the cash flow of subcontractor in the UAE
(The British University in Dubai (BUiD), 2013-05) Bader, Mahmoud Fathi
Any default by the employer, by not paying on time or nonpaying at all, will adversely affect the parties down in the supply chain in construction project. The contractor tries to cope with such problem by limiting his liability via terms in the contract, such as back-to-back payment terms, with his subcontractors and suppliers. Back to back payment clause has different meanings and forms and its interpretation may vary among the different legal systems. Common law is inclined to invalidate such clause. The situation under the UAE law is different as there is no explicit term in the current law that invalidates the back to back payment clause. The research aimed at investigating the impact of ‘back-to-back’ payment terms on the cash flows of subcontractors and main contractor’s and try to find solutions for securing the subcontractor payments. A total of 96 questionnaire responses were collected from different construction professionals involved in the contract administration or drafting in the UAE. The research asserted that most of the professional participated in the survey felt uncomfortable with back to back payment term. Furthermore, most of the subcontractor participated in the survey have encountered problems due to back to back payment clause Back to back clause has significant impacts in the cash flows of the main contractors and subcontractors. As 65% of the entire professionals participated in the survey claimed so. Furthermore, according to most of the respondents to the survey, back to back clause in unfair term and should be invalidated by the law To conclude, it is worthwhile to the parties to be clear in their contract terms with regards to payment certification and mechanisms. In addition, the legislator should be inspired by the other common laws to adopt payment mechanisms and certainty in the construction industry.
Enforcement of Foreign Arbitration Awards
(The British University in Dubai (BUiD), 2013-05) Elhaj, Babiker Mustafa Mohamed
The dissertation examines in depth and focuses on enforcement of the foreign arbitration awards based on the national laws and treaty obligation as applied in the UAE. The im-portance of this study is derived from the fact that enforcing arbitral award is the ultimate aim and outcome of the entire arbitration process. So it is extremely significant for inter-national businesses and it will lead to stability and progress since the arbitral award is not useful if it’s not enforced smoothly and expeditiously. It’s well-known that arbitration became evident recently due to the huge growth and expansion in the international trade and investments between different countries. Accordingly, the arbitration has emerged as the preferred mechanism for resolving the disputes due to the huge advantages thereof. Arbitration is the quicker and most simple way for resolving various international, and commercial, civil and economic disputes in the Arab world and particularly in the UAE as well as other countries in the world. Therefore, arbitration will be useless and a waste of effort, time and money unless it is enforced as per the provisions of the law and the international treaty obligations. This study defines and elaborates the foreign arbitration, foreign arbitral awards and en-forcement, and also discusses the methods and procedures of enforcing arbitral awards and clarifies the issues that may result in refusal of enforcement, setting aside and nullifying the arbitral awards by the national courts. Further, the study enlightens the procedures and conditions concerning enforcement processes in light of the New York Convention of 1958 and some international, regional and bilateral conventions as well as the legal procedures necessary for enforcing the foreign arbitral awards in the UAE, in addition to the formalities and mechanisms necessary for enforcing the foreign arbitral awards. Moreover, this research analyses and sheds light on the international, regional and bilateral conventions and agreements ratified by the UAE that will clarify the necessary mecha-nisms to facilitate enforcing foreign arbitral awards under the provisions of national laws as well as the state's treaty obligations, such as the New York Convention, GCC Treaty, Riyadh Convention of Arab League, and bilateral agreements with some states such as France, India and some Arab countries. Further, the study deals with some legal issues related to this essential topic. Looking at other laws in the GCC states in addition to some Arab and foreign countries is also possible. The study contains some interviews and communications with judges, arbitrators, lawyers and legal experts with regards to enforcing foreign arbitral awards, along with an analysis of some judgments issued by various courts regarding the subject matter. Finally, the study provides conclusion and recommendations.
Are U.A.E. seated Arbitral Tribunals vested with adequate powers to grant Provisional Measures within the context of arbitration?
(The British University in Dubai (BUiD), 2013-05) Aburuf, Osman Alhassan
This research aims at finding the extent of the powers of UAE seated arbitrators in granting provisional relief within arbitration context before and during arbitration proceedings and have an overall examination of the current legal framework available for arbitral interim measures in UAE. in particular who is empowered to grant arbitral interim measures, be it before or after composition of the tribunal in an ad hoc, institutional or court ordered arbitration seated in UAE under DIAC & DIFC / LCIA as this latter regime provides a common law system in a civil law jurisdiction. I will be looking at foreign arbitration rules and laws in this research in which I will shed a light on the available arbitral interim measures conducted under DIFC / LCIA, under ICC, under AAA, under ICSID, under CIETAC, under LCIA Rules, under English Arbitration Act 1996, under Egyptian Arbitration Act No. 27 of 1994 and under Sudanese Arbitration Act of 2005. Provisional measures aim at protection of status quo, preservation of evidences, and sale of perishable goods and secure subsequent enforcement of awards or judgments. Provisional measures act as holding orders pending final decision of the merits of the dispute by a judicial authority or a tribunal. Most modern jurisdictions stipulate some preconditions for granting provisional measures which include inter alia, urgency, prime facie to establish jurisdiction, likelihood of success on the merits, imminent danger, provision of security and proportionality. The importance of this study stems from the fact that the eventual outcome of an arbitral process will be potentially meaningless and ineffective if there is no well structured interim relief regime to secure the eventual enforcement of the award. Moreover, if the disputants choose arbitration as a means of dispute resolution then an award once it becomes final, it will have res judicata effect and the arbitral tribunal becomes functus officio, so in case of lack of provisional measures, the award creditor will be left remediless.
Designer Duties; Pre-commencement of Construction under the Traditional Procurement Method in UAE-DUBAI
(The British University in Dubai (BUiD), 2013-05) Juma, Madiha Salem
This dissertation is aimed to examine the Duties of the designer’s “Design Consulting Engineer” at the pre-construction stage, in light of UAE common used agreement, civil law and applicable rules and regulations in association with the profession’s measures, ethics and knowledge, as well as review the civil liability of the designer at the design phase caused by designer’s failure to comply with their key duties to provide a systematic potential risk assessment, Advisory Capacity, Awareness & Alertness Capacity, the design engineering service and the impacts of such failure on the overall design liability, & the warrantee. In addition to that, it will explore the consequences of breaching the Designer duties, and shall indicate the necessity of an integrated, detailed and comprehensive bylaw and regulation to monitor the designers’ duties if required.
Entitlement to Extension of Time in cases of Concurrent Delays under the UAE Law
(The British University in Dubai (BUiD), 2013-06) Rahhal, Abdurrahman Yousef
Concurrent delay in construction is a controversial and interesting topic. It involves risks but is often seen as an avenue to evade contractual liability towards the other party. The absence of clear provision in UAE Law regarding concurrent delay means that the task of resolving concurrent delay disputes is not an easy one. Each party tends to present his claim by making reference to foreign legislation or recommendations, paying no heed to the unalterable fact that the governing law of contract is UAE law. This study aims to identify the rules and the basis for judges in the UAE to determine the criteria for awarding extension of time (EOT) in cases of concurrency and to identify the UAE law’s approach to concurrent delay. In addition, this study (a) attempts to highlight the vital importance of the program of work (b) examine the accepted Delay Analysis method adopted by UAE courts to determine extension of time, and (c) identify the precise role of experts delegated by courts in the UAE. The study references relevant cases in UAE and Dubai courts of Cassation. It concludes that the Contractor may be entitled to an extension of time reference to Article 894 of UAE civil transaction code for the full duration of the delay, where the dominant cause of that delay is related to Employer risk. Concurrent delay may not, however, prevent the contractor from cost compensation under the UAE law. The contractor needs to prove a causative link between the delay and the damages sought, making reference to Article 283 to successfully pursue cost compensation. The findings of this dissertation are intended to benefit future submissions and evaluations of Extension of Time claims in cases of concurrent delay and ensure these are wholly compatible with the laws of the UAE.
Why do UAE Courts annul Final Arbitral Awards which are issued in the UAE?
(The British University in Dubai (BUiD), 2013-06) Al Marzooqi, Mohamed
Arbitration is one method to resolve disputes out of different methods available in the construction industry. The UAE law through the Civil Procedure Code provides some articles which governs the arbitration. The requested outcome of the arbitration is a reward which could be recognized and then be enforced by courts. Annulment is one of the main risks for refusing to recognize an arbitral award. The dissertation will focus on the challenging grounds to annul arbitral awards which are issued in the UAE and finding out what were the main reasons to annul the arbitral awards by the courts. The best comprehensive way of finding the answers to this question is through studying all related judgments from the main courts in the UAE since the issue of law in 1992 until the date of starting this dissertation. Using practical experience in arbitration both ad hoc and institutional and being a witness expert in all UAE courts since 2004, in addition to utilizing a computer programme, reached to some important outcomes and conclusions that will help all parties involved in arbitration including arbitrators, arbitration centers, courts, legislative authorities and legal firms.
The Prospects of Introducing the Private Finance Initiative in the UAE Construction Industry
(The British University in Dubai (BUiD), 2013-06) Ustadi, Arif Mohammad Abdulrazaq
Private public partnerships have assumed new dimensions through a process of constant evolution in synchronisation with modern economic challenges. Private finance initiative has emerged as the leading choice for public ventures requiring private involvement especially in the more advanced economies. In recent years, there has been an overwhelming move to take up private finance initiative as a means to facilitate governance through the involvement of the private sector. Third party involvement has comprised in large part on infrastructure provision as well as some service provision. Given the changing trend in public procurement and service provision, countries such as the UAE are looking towards private finance initiative as the leading method to provide for a demanding populace as the global economy tends to slow down. However, the UAE tends to face a host of challenges not the least of which are its aging economic structures required to support private finance initiative. Research has been carried out to investigate the various social, political and economic challenges that may contribute to and hamper the progress of private finance initiative in the UAE. Results show an encouraging realisation of the need to move towards private finance initiative although structural issues in the social and political arena remain. In turn, social and political issues tend to hold back economic reformation required for the progress of private finance initiative. The current state of the UAE’s economy has the potential to install private finance initiative with essential yet gradual social, political and economic reformation.
Mediation as an Alternative Dispute Resolution Mechanism in the UAE Construction Industry
(The British University in Dubai (BUiD), 2013-11) Alhadhrami, Mohamed Abdulla Bamakhrama
This dissertation investigates whether mediation is a proper dispute resolution mechanism for the UAE construction Industry or not. Mediation as an alternative dispute resolution is a form of settlement process that is flexible, fast and the parties in disputes are not at risk of being bound by an unfavourable outcome by a third party's decision. Mediation has been critically evaluated against the UAE culture and legal system and its possibility of accommodating mediation as a system of alternative dispute resolution. Also, it has been assessed on the possibility of using mediation as means of alternative dispute resolution mechanism in the construction industry of the UAE with a comparative analysis with other alternative disputes resolution methods. Furthermore, mediation has been evaluated for a proposition of a model for the implementation of mediation methods in the construction industry of the UAE. The approach of the research used in this dissertation was deductive research. It has been conducted to provide a deduction of how well mediation can be used in lieu of litigation and other options that exists in dispute resolution. The research was conducted through a survey and interview. Data collected included data from a sample of two authorities in the field of construction in the UAE. In addition, a data was collected from a survey that has been conducted from 20 people in the field of construction in the UAE. The conclusion showed that Speed, affordability and flexibility are important aspects of dispute resolutions in the construction industry. This makes litigation an inappropriate method to dealing with construction disputes and the approach of using mediation is a much more acceptable method for dealing with in the construction sector and the construction industry. Mediations and the mediation industry of the UAE is one that has potential and that the government should make arrangement to promote mediation in the construction industry. The main arrangements are to integrate international and local standards into mediation, the UAE's judiciary system must accept and recognize mediation, develop and train local mediators, putting a framework of ethics and standards in place for the mediators to follow, creating a regulatory authority to supervise the activities of the mediators and setting up a committee to examine and evaluate the activities of the mediations in the country's construction industry.
The Users’ Perceptions on the Impartiality of the Engineer under the FIDIC Red Book
(The British University in Dubai (BUiD), 2013-11) Akulenka, Iryna
The 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.
Contractor's Entitlement to Extension of Time in the United Arab Emirates
(The British University in Dubai (BUiD), 2013-11) Albawab, Awni Fadel
THE EFFECT OF ARTICLE 390(2) OF THE UAE CIVIL CODE ON LIQUIDATED DAMAGES CLAIMS IN THE UAE CONSTRUCTION INDUSTRY
(The British University in Dubai (BUiD), 2014-03) Marican, Mohd Sadique Bin Ibrahim
Issues relating to liquidated damages strike at the heart of any construction project as they regularly feature in construction disputes and usually involve substantial sums. In the context of the UAE, there is certain disquiet amongst construction players and legal practitioners alike that the UAE Civil Code, in particular Article 390(2), instead of being a beacon of light to illuminate parties’ rights, has the reverse effect of muddying their rights and obligations when claiming under a liquidated damages clause. Is this criticism of the Article fair or is it merely the musing and whining of parties disgruntled by the court’s exercise of its power pursuant to the Article to do justice in an individual case? In light of the foregoing, the dissertation seeks to examine the terms of the Article and its impact on claims for recovery of liquidated damages in construction projects in the UAE. In particular, the interplay between the right of parties to freely contract and the court’s supervisory jurisdiction to limit this right, which is a power drawn directly under the Article, shall be highlighted and examined. As a corollary, this analysis also highlights the sometimes uneasy relationship between common law principles, which have spilled over and somewhat overflowed into the UAE legal landscape, and the indigenous civil and Shariah law principles which predicate and overarch the Article and Civil Code. A study of various UAE case law is undertaken including the analysis of the various principles, tests and thresholds applied by local courts when considering and applying the Article in particular cases. It is also intriguing to ascertain how arbitral panels grapple with the Article in UAE arbitrations especially where the tribunal members or disputants emanate from outside UAE. This has an impact on the wider view in relation to the attractiveness of the UAE as a regional arbitration centre or hub. A recent seminal arbitration decision shall be considered. The upshot to these, as will be demonstrated, is that the Article is alive and well and is almost frequently argued and applied in the courts. Though not free from infirmities, it does go some distance in achieving justice on a case by case basis. It will also be shown that, at least in one arbitration proceeding, the Article remains relevant and vital in adjusting the rights of parties with a view to achieving fairness between them. The dissertation also proposes a new detailed draft provision which may be considered for adoption to improve the understanding and operational efficacy of the present Article itself.
The Applications Of The Variation Clauses Of The FIDIC Red Book 1987 And 1999: Analytical And Empirical Study Under the UAE Law
(The British University in Dubai (BUiD), 2014-05) Al Hin, Saif Al Din
Usually, the variation provisions in standard construction contracts are well drafted in a careful and precise manner. These provisions are built up with accurate and unequivocal wordings which preclude any ambiguity/ uncertainty/ doubt in the interpretations of the variation provision terms. Such steps enhance the efficiency of the variation provisions and participate effectively to minimize or avoid complications/ potential claims/ vigorous disputes. One of the major sources for disputes between the employer and the contractor is the variation claims which are resulted from the interpretations and applications of the variation provisions in the construction industry. The dissertation aims to execute clinical analysis in the variation provisions of the FIDIC Red Book 1999 and compare them to their counterparts under FIDIC Red Book 1987. The research investigates whether the variation provisions of the FIDIC Red Book 1999 represent improvements and provide better efficiency over their counterparts under the FIDIC 87. The hybrid methodology which compromises of survey and interviews with senior experts, in addition, library works are adopted in this research. Furthermore, numerical example is utilized to illustrate the evaluation mechanism under the variations clauses. The results of the research provide that some changes under the variations provisions of FIDIC Red Book 1999 are featured with unique and interesting points which were not existed under the FIDIC 87, but some other changes are highly doubtable and debatable. The consequences of the applications of these provisions are likely to have adverse effects in construction field as detailed in the research. To conclude, this study presents a message to FIDIC draftsmen to take into account the issues which are produced under this research for future revised versions with improved quality of variation provisions. Meanwhile, this research would be of much interest to judges, arbitrators, and lawyers. Also, the contracting parties would benefit from such anatomical interpretations in order to avoid potential contentious in future.
Limitation of Liabilities– Analysing a balanced approach to Limiting Liabilities in Construction Contracts
(The British University in Dubai (BUiD), 2014-05) Mohamed, Femeena
Limitation of Liability clauses involves risk allocation in contract. Beyond the fact that the agreed contract terms apportion the rights and obligations in a contract, the contract and actions of parties are governed by the prevailing law. This governing law is expected to provide adequate statutory and legal controls to regulate specific liability terms in contracts, in addition to offering ample guidance in interpretation of these terms. The dissertation aims to investigate the concept of liabilities, its limitation and the provisions in the legal framework of the UAE; with the intention of assessing adequacy and proficiency of the UAE law in comparison to its economic counter-parts. The study reveals certain lacuna in the UAE law and in order to overcome these issues, approach to achieve equilibrium in liability or risk allocation in contracts is recommended. The research findings advocate need for statutory intervention and reforms to provide players in the construction industry legal protection from unreasonable and unconscionable contract terms.
The Application of the Doctrines of Severability and Competence- Competence in the UAE
(The British University in Dubai (BUiD), 2014-07) ELBANA, MOHIEELDIN MOSAAD
Arbitration is considered one of the best options available to parties for resolving their disputes. Nowadays, courts strongly encourage arbitration, and thus, has been largely adopted locally and internationally. With that, this dissertation aims to determine whether, or not, the UAE arbitration practice in respect of the arbitral jurisdiction aligns with the international practice. In addition, this dissertation will also examine the importance and implications of Competence-Competence and severability doctrines under the UAE law. In-depth research has been done to answer these issues. This includes, without limitation, going through a series of reviews and gathering information from different sources such as journals, books, court judgments, awards, and articles. We discovered that there is an urgent need to introduce new global concepts within the effective legislation, including the competence-competence and severability concepts, to tackle the issue of who decides the jurisdiction of the tribunal and make sure that the arbitration agreement is not ineffective. This finding suggests that, in the UAE, these principles need to be applied in all cases except when there is a solid challenge to the basis of the arbitration such as when there are valid allegations that the party did not agree on the arbitration agreement. Therefore, we recommend forming an independent body, which can be in the form of a judicial committee (be it an independent circuit in local courts or linked with the technical office of the Minister of Justice or the Chairman of the court (the “Committee”)) to deal with the issues that negatively affect the continuation of the arbitral proceedings on summary basis. The role of this Committee shall be to facilitate the determination of cases and to support the parties’ autonomy. If the Committee finds a major reason that prevents the arbitral proceedings, as if the arbitration agreement was never formed or the dispute is not arbitrable, the case shall forthwith be referred to the competent court for determination, otherwise the matter shall be referred to the tribunal to continue the arbitral proceedings.
Unilateral Termination of Construction Contract - A Comparative Study between Chinese Law and UAE Law
(The British University in Dubai (BUiD), 2015-01) Yin, Zhe
Construction contract is a legal binder of the contracting parties for a certain project and there are also many industries and other parties linking to such project behind the contract. To terminate the contract will definitely affect, firstly, the contracting parties and sequentially the indirect involvers such as the manufacturers and suppliers; whereas to terminate unilaterally would even render a worse situation. So it is important for the contracting parties to fully understand the embedded unilateral termination mechanisms in their contract; this dissertation aims to achieve this point by a thorough examination to the laws, the legal and industrial publications and the standard contracts including the ones for undergoing projects to illustrate entire pictures of the unilateral termination in China and UAE. Emphasis will be also given to the application of the change of circumstance since it is found significantly remarkable and different in both countries under certain situations. Also, the most important part of this dissertation is the comparison of the unilateral terminations between China and UAE to contrast and then to demonstrate the relative advantages and common recognitions.
UNDERSTANDING THE MUTUAL INFLUENCE OF CONTRACT AND SUBCONTRACT TERMS ON CONSTRUCTION RELATIONSHIPS
(The British University in Dubai (BUiD), 2015-03) Bannaga, Elmugtaba Ali
This dissertation was prepared in an attempt to highlight research points for consideration by contract drafters in the construction industry upon drafting main contract and subcontract documents. The research covered points to consider if a firm desires a subcontract to be treated as a general contract (back-to-back agreement). The aim of this study was to identify the relationship between main contracts and subcontracts in construction practice; a construction relationship involves employers and main contractors on one side, and main contractors and their subcontractors on another side. This study aimed to identify the practical influence of the terms of main contracts on subcontracts and vice versa. Such influences are examined in the particular areas of common construction terms that are most likely to be influenced as a result of the overall construction relationship. The particular areas discussed in this dissertation include some drafting examples and subjects for the understanding of the mutual influence of contract and subcontract terms on construction relationships. The main subjects are conditional payment clauses, liquidated damages, deadlines and dispute resolution. Numerous other sub-points derived from these main points are duly discussed in this dissertation. This topic was researched with concentration on UAE and UK laws and is supported with literature reviews of the civil and common law backgrounds. Particular consideration and references are given to the FIDIC’s Conditions of Subcontract for Construction 2011. The topic of this dissertation is seen as an important one because contract drafting is a sensitive practice that ought to be skilfully performed, and lots of circumstances should be considered for the purpose of achieving a project that is successful for the employer and for the other construction parties. Among these considerations are the balancing of risks between the construction parties and the particular circumstances to consider when drafting main contracts and subcontracts in general, as well as back-to-back subcontracts in particular.

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