Alhajeri, M A (2004) Post-construction liabilities for latent defects in building and construction contracts: the theoretical foundations and the allocation of risk, a comparative study in Kuwaiti, French, and English Law. PhD thesis, University of Essex, UK.
Abstract
Since the 1960s, the pace of urbanization in Kuwait has been continual and rapid. Construction and re-construction programs after the 1990-1991 War with Iraq have strictly adhered to rules for the regulation of construction contracts embodied in the Kuwaiti Civil Code No. 67/1980. In this Doctoral thesis it is argued that, contrary to common perception, the current state of law for the regulation of the post-construction phase in building and construction contracts in Kuwait is unsatisfactory and largely marked by ambiguity, fragmentation and legal lacunae. Further, it is argued that these weaknesses which are most evident in the spheres of post-construction liability and risk allocation have a significant impact on the quality of the built environment. The thesis employs a comparative methodology, which draws upon three conceptually divergent legal systems, being the Kuwaiti, French and English law. The purpose is to explore and evaluate solutions offered by these diverse systems in cases where legal problems arise from post- construction complications. A six-part taxonomy has been used to meet the objectives of the thesis. Part I investigates a number of preliminary matters, including the underlying principles of comparative research, a synthesis of civil law and common law, and an exposition of social and economic conditions in Kuwait which have a direct impact on the construction. In Part II the fundamental concepts of civil obligations are examined by reference to the primary sources of legislation and case law. Part III establishes the guiding principles of risk allocation theories, with particular emphasis on aspects of risk transmission and risk realization. Part IV then sets out the parameters of post-construction liabilities in all three jurisdictions, followed in Part V by an investigation of contractual and non-contractual remedies available for post-construction liability. The thesis concludes with Part VI which indicates the necessity for legal reform in Kuwait, drawing the attention of policy-makers to the need for legal measures which would ameliorate the quality of the built environment.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | built environment; construction phase; legislation; law; liability; policy; regulation; Kuwait |
| Index terms: | case law, foundations, construction phase, taxonomy, investigation, construction contract, risk allocation, built environment, war, comparative study, economic condition, urbanization, regulation, program, Kuwait, methodology, jurisdiction, comparative research, drawing, fragmentation, liability, legislation |
| Subjects: | software systems, research methods, structural engineering, financial risk, conflict and crisis studies, Geography, liability law, political science, infrastructure and transport systems, contract type, business, research design and methodology, data collection methods, technical documentation, urban planning, project delivery, economic analysis, legal systems, data analysis and analytics |
| Topics: | Research Practice, Business Strategy, Cost Management, Governance, Design Practice, Urban Studies, Digital Applications, Organizational Design, Geographical Context, Project Management, Engineering Principles, Procurement, Legal Issues |
| Descriptive scope: | 4 PCTA |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here