“DO FIDIC RED BOOK 1999 AMENDED CONTRACTS IN THE UAE FAVOR THE EMPLOYER OVER THE CONTRACTOR AND THE CONTRACTOR OVER THE SUBCONTRACTOR AND PROVIDE AN UNREASONABLE RISK, WHICH IS SUPPORTED BY THE CIVIL LAW IN UNITED ARAB EMIRATES COMPARED TO THE COMMON LAW OF THE UNITED KINGDOM?”
The British University in Dubai (BUiD)
This dissertation looks at the amended FIDIC 1999 red book contract in the United Arab Emirates and see if the amended FIDIC Red book favours the Employer over the Contractor or the Contractor over the Subcontractor, which provides unreasonable risk to the Contractor or the Subcontractor, and whether the amended FIDIC red book contract is supported by the Civil Law in the United Arab Emirates and the Common Law in the United Kingdom. The dissertation briefly looks into the FIDIC 2017 Red book, however as the FIDIC 2017 red book is not used in the Middle East including the United Arab Emirates, the dissertation compared heavily on the FIDIC 1999 red book. The findings of this dissertation are that even though the amended version of FIDIC 1999 red book and FIDIC 2017 red book provides the Employer and Contractor a upper hand and an unfair and unreasonable risk to the Contractor and to the Subcontractor. The common law in the United Kingdom and the Civil Law in the United Arab Emirates both have introduced laws and legislations to try and provide the Contractor and Subcontractor from ensuring that the Employer and the Contractor meets their main performance obligation of making payments to the Contractor and Subcontractor and provides the right for the Contractor and Subcontractor to remedy if the Employer or Contractor doesn’t meet their main performance obligation of payment.
dispute resolution, collateral warranty, FIDIC 1999 red book, risk management, United Arab Emirates (UAE), arbitration, adjudication, defect liability period, decennial liability, civil law, law