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BB15 20 Introduction To UAE Construction Law

tag 0 Download 14 Pages / 3,339 Words tag 28-06-2021


You work for a government department as a senior commercial manager that advises politicians about appropriate control of the building and civil engineering sectors of your country. In the last year, a very large company that managed and acted as the main contractor on many construction projects, from both private and public funding, has collapsed because of unmanageably large debts. This has left many smaller companies with unpaid bills and has caused significant disruption to your country’s construction industry and internationally.

Several industry commentators are looking at the reason for this collapse and the associated effects on the connected supply chain. They have suggested that one reason has been the use of amended (bespoke) forms of contract; both between the clients and the main contractor as well as between the main contractor and its supply chain.

Some politicians have called for new legislation which would require that all construction contracts (including subcontracts) are agreed between the parties on standard conditions of contract with no special clauses and your department has been asked to provide a government consultation paper about the collapse.

Your task is to write the consultation paper in the form of a report. Your report must include a reasoned and supported recommendation as to whether or not legislation should be enacted to restrict the freedom of parties to only use the unamended standard forms of construction contract. You may cover any aspects of contract administration in your report and you must also address the following questions that have been asked:

Indicative Word range
• Why do parties choose to amend the standard forms of contract?
• What standard forms of contract are most suitable for your country’s construction contracts? 
• Do the standard forms of contract have compatible forms of subcontract?
• Would enacting the legislation be detrimental to the construction industry? 
You are required to use case studies, case law and other suitable authority to exemplify and support your reasoning.
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Total 14 pages

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