Design Liabilities: In Design Build Procurement in the UAE

Abstract

This dissertation explores contract design liabilities for Contractors and Engineers under Design Build procurement in the UAE. Firstly, a comparative study of the implied design liabilities provided by UAE Civil Law and DIFC Law is included. As DIFC Law incorporates English Law, a second comparison is made between UAE Civil Law and DIFC Law with English Law used as gap-filling law. This comparison utilizes the implied terms provided under English Law, specific to Design Build contract disputes, to discuss the probable outcomes of similar disputes in the UAE. Finally, FIDIC Design Build Contracts that are commonly used in the UAE are analysed to determine the expected contract design liabilities, when using these contracts, in the jurisdictions of UAE Civil Law and DIFC Law.