Lawrence, M (2017) Nomination of subcontractors in the UAE. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 170(4), pp. 167-171. ISSN 17514304
Abstract
The UAE has benefited from tremendous growth since the discovery of oil there in the 1960s. Such growth continues despite the current low oil price, providing ample opportunities for construction companies in the lead up to Dubai's Expo 2020. The traditional form of contract based on the International Federation of Consulting Engineers (Fidic) forms continues to dominate the construction procurement scene, with the employer often nominating suppliers and/or subcontractors. This paper examines the contractual and legal pitfalls that the parties, in particular the employer, need to be aware of when nominating under the Fidic forms on contracts, where the governing law is that of the UAE. Parties must be careful when drafting the particular conditions of the contract in order to avoid inadvertently shifting the risks associated with nominated subcontractors and suppliers away from the contractor.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracting; contracts & law; procurement |
| Index terms: | construction procurement, form of contract, drafting, FIDIC, subcontractor, Dubai, construction company, consulting engineer |
| Subjects: | Geography, contractual arrangements, practitioner, organization, standard forms of contract, technical documentation, profession |
| Topics: | Design Practice, Business Strategy, Roles and Professions, Geographical Context, Procurement |
| Descriptive scope: | 2 PC |
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