Evaluating Unforeseen Liabilities in UAE Construction Contract Law

This report delves into the limitations of unforeseen liabilities within the framework of UAE construction law. It begins by establishing the context of unforeseen liabilities, which include risks like delays, poor workmanship, and economic factors. The report aims to analyze the legal framework governing these liabilities, examining the effectiveness of UAE contract law in addressing contractual issues faced by employers. It investigates potential ambiguities or shortcomings in the law, particularly concerning contractor and architect liabilities related to design defects. Furthermore, the research assesses the impact of standard contract forms on legal outcomes within different legal systems. The methodology involves a review of relevant sources, including legal articles and construction law, focusing on key terms like 'unforeseen,' 'liabilities,' and 'contract.' The study is exclusively focused on the construction sector, aiming to provide a comprehensive analysis of the legal aspects of unforeseen liabilities in the UAE.

Limitation of unforeseen
liabilities in construction
contracts-proposal

Table of Contents
INTRODUCTION...........................................................................................................................1
Background.................................................................................................................................1
Aim..............................................................................................................................................1
Objectives ...................................................................................................................................1
Rationale.....................................................................................................................................1
METHODOLOGY..........................................................................................................................2

INTRODUCTION
Background
Unforeseen liabilities are usually those liabilities which are not expected and can appear
suddenly1. There is various risk which can be faced because of contractual contract. It includes
delay and disruption, poor workmanship or making use of defective material, conflicts of war,
inflation. There are so many risks linked with construction contract. Some risks are unforeseen
which cannot be predicted by anyone. So many of the risks are been managed by contractors
themselves and also they are being engaged in making sure that no risk arises because of their
faults and mistakes. It has also been analysed that often risks are being faced in construction
project because of poor workmanship. In this situation contractor is held liable. Unforeseen
needs to be evaluated so that the construction process can be completed without any delay.
Aim
Present dissertation aims to analyses the limitations of unforeseen liabilities in construction
projects under UAE construction law.
Objectives
 To evaluate whether UAE contract law gives an effective legal framework to contractual
issues faced by employers.
 To analyse if there is any ambiguity or shortcomings in the law that has caused
ineffective legal treatment while using this method.
 To analyse the liabilities which can be faced by contractor or architect for the defects in
design because of which collapse has occurred.
 To assess the choice of standard forms of contract which can have effect of legal
consequences for different legal system
Rationale
The reason for carrying out present research is to analyse unforeseen liabilities that can
be faced by construction industry. Making use of the defective material and poor planning or
workmanship can one of the reason because of unforeseen liabilities can appear. Because of
these reasons construction can get delayed.
1'Construction & Engineering International - UAE Legal Issues' (Bryan Cave Leighton Paisner,
2021) <https://www.bclplaw.com/en-US/insights/construction-engineering-international-uae-
legal-issues.html> accessed 25 February 2021.
1

METHODOLOGY
The research is based on the limitation of unforeseen liabilities which comes under the
UAE contract law. Various methods are used for analysing and evaluating data on unforeseen
liabilities. In the present research, researcher will make sure to collect and analyse reliable data.
Secondary sources will be used by researcher in order to get end results. Researcher will make
sure that ethical code of conduct is been followed by them2. Review of appropriate sources will
be done on selected topic which is unforeseen liabilities in construction industry of UAE.
Researcher makes sure that data is been gathered from authentic as well as reliable websites.
Research will only be based on construction laws and rules. The inclusion and exclusion criteria
for present research will also be set. Only articles from English language will be selected. The
key terms that will be used are unforeseen, liabilities, construction, law, contract, UAE. This will
assist researcher in getting to end results. The only focus of this study is construction sector. No
discussion on another sector will be done in this study. There will be various acts and claws
related to topic which will be discussed in research.
2'Construction & Engineering International - UAE Legal Issues' (Bryan Cave Leighton Paisner,
2021) <https://www.bclplaw.com/en-US/insights/construction-engineering-international-uae-
legal-issues.html> accessed 25 February 2021.
2

3