Overview

A practical, legal resource for construction professionals operating in the UAE and the Gulf region In the newly revised and updated second edition of Construction Law in the United Arab Emirates and the Gulf, experienced construction lawyer Michael Grose delivers an authoritative guide to construction law in the UAE and the Gulf. The book explains the most significant contrasts between construction law governed by an Islamic civil law jurisdiction and construction law in common law jurisdictions, as well as the practical impacts of those differences. Grose explains critical areas of immediate, practical importance to construction industry participants dealing with contracts and disputes. He also offers a detailed commentary on the standard FIDIC (First Edition) conditions of contract for construction that is updated to deal with recent changes in law. Inside the book: Extensive primary source material, including domestic court judgments and local laws Extensive reference to the Saudi Civil Code and the Saudi Law of Evidence Recent developments and current trends in arbitration, civil procedure and mediation laws in the region Comprehensive exploration of the differences between Islamic civil law as applied in Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the UAE Thorough treatment of the laws, regulations, and codes relevant to construction businesses operating in the UAE and the Gulf Perfect for construction lawyers, claims consultants, arbitrators, and contractors, Construction Law in the United Arab Emirates and the Gulf will also benefit loss adjusters and insurers, architects, engineers, quantity surveyors, and other construction practitioners.

Full Product Details

Author:   Michael Grose
Publisher:   John Wiley & Sons Inc
Imprint:   Wiley-Blackwell
Edition:   2nd edition
Dimensions:   Width: 15.20cm , Height: 2.60cm , Length: 22.90cm
Weight:   1.021kg
ISBN:  

9781394213603

ISBN 10:   1394213603
Pages:   480
Publication Date:   15 January 2026
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Awaiting stock  
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Table of Contents

About the Author Preface 1 Law in the Gulf 1.1 Basis of government 1.2 Federal jurisdiction in the UAE 1.3 Role of Islamic Shari’ah 1.4 Civil law 1.5 Jurisprudence constante 1.6 Financial free zones 2 Construction Contracts 2.1 Commercial and civil contracts distinguished 2.2 Muqawala 2.3 Delict (tort) 2.4 Public procurement 2.5 Administrative contracts 3 Contract Formation 3.1 Components of a valid contract 3.2 Offer and acceptance 3.3 Certainty 3.4 Consent 3.5 Capacity and authority 4 Effects of a Contract 4.1 Binding and effective 4.2 Statutory limits 4.3 Third parties 4.4 Subcontractors 5 Interpretation 5.1 Words and intentions 5.2 Presumption against liability 5.3 Absence of express terms 6 Good Faith and Related Principles 6.1 Good faith 6.2 Related obligations 6.3 Abuse of rights 6.4 Unfair contract terms 6.5 Unforeseen circumstances 6.6 Extraneous cause and force majeure 6.7 Abuse of rights 6.8 Unfair contract terms 6.9 Unforeseen circumstances 7 Health, Safety and Welfare 7.1 Construction safety in the Gulf 7.2 Design, planning and supervision 7.3 Welfare 7.4 International Labour Organisation 7.5 Inspection and reporting 7.6 Sanctions and penalties 8 Design and Supervision 8.1 Duty of care 8.2 Obligation of result 8.3 Standard of care 8.4 Defences 8.5 Statutory duties 8.6 Compensation 8.7 Joint liability 9 Defects 9.1 Materials 9.2 Workmanship 9.3 Statutory duties 9.4 Remedies 10 Decennial Liability 10.1 Statutory sources 10.2 Strict liability 10.3 Contractual status and defences 10.4 Compensation 10.5 Mitigating decennial liability risk 10.6 Public projects 11 Physical Damage and Personal Injury 11.1 Delict 11.2 Criminal damage 11.3 Presumed liability for property damage 11.4 Inherent danger (nuisance) 11.5 Service lines and public utilities 12 Time for Completion 12.1 Absence of Agreement 12.2 Extension of time 12.3 Subcontractor delay and extraneous cause 12.4 Delay rendering time at large 12.5 Concurrent delay 13 Delay Damages 13.1 Delay damages and penalties 13.2 Reducing delay damages 13.3 Increasing delay damages 13.4 Termination for delay 13.5 Delay damages following termination 13.6 Administrative contracts 13.7 Prolongation costs 14 Price 14.1 Formation of a contract 14.2 Fair remuneration: Contractor 14.3 Fair remuneration: Consultant 14.4 Adjustment of the contract prices 14.5 Subcontracts 14.6 Supply contracts 14.7 Public procurement 15 Payment 15.1 Payment on delivery 15.2 Payment certificates 15.3 Subcontracts 15.4 Conditional payment clauses 15.5 Bank guarantee 15.6 Cheque 15.7 Payment Order 16 Interest 16.1 Riba and usury 16.2 Contractual interest 16.3 Late payment interest 16.4 Judgment debt interest 16.5 Interest under the FIDIC Conditions 16.6 Financing charges 17 Suspension and Termination 17.1 Statutory right of suspension 17.2 Excluding the right of suspension 17.3 Notice of suspension 17.4 Termination of an innominate contract 17.5 Notice of Termination and need for a court order 17.6 Termination of a muqawala: Employer 17.7 Termination of a muqawala: Contractor 17.8 Consequences of termination 17.9 Impossibility and force majeure 18 Pre-Emptive Remedies 18.1 Retention of ownership 18.2 Possessory lien 18.3 Priority right 18.4 Direct payment 18.5 Set off 19 Damages 19.1 Performance by compulsion 19.2 Entitlement to damages 19.3 Measure of loss 19.4 Assessment of damages 19.5 Causation and global claims 19.6 Loss of profit 19.7 Consequential and indirect loss 19.8 Mitigation 19.9 Limitation of liability 20 Evidence 20.1 Burden of proof 20.2 Evidentiary presumptions 20.3 Documents and electronic records 20.4 Disclosure and production 20.5 Witness testimony 20.6 Court appointed experts 21 Prescription 21.1 Islamic Shari’ah 21.2 Commercial obligations 21.3 Civil and professional obligations 21.4 Varying a prescription period 22 Civil Proceedings 22.1 Court structure 22.2 International jurisdiction 22.3 Jurisdiction between emirates 22.4 Commencement of proceedings 22.5 Proceedings against the government 22.6 Court of Summary Matters 22.7 Mediation and adjudication 23 Enforcement 23.1 Enforcement courts 23.2 Procedure and methods of enforcement 23.3 Appeal and stay of execution 23.4 Financial free zone courts 23.5 Enforcement outside the jurisdiction 24 Arbitration 24.1 Arbitration in the Gulf 24.2 Treaty arbitration 24.3 Form of an arbitration agreement and survival 24.4 Authority to agree 24.5 Public order and other constraints 24.6 Jurisdiction, pre-arbitration conditions and costs 24.7 Procedures and formalities 24.8 Time limit for the final award 24.9 Enforcement of domestic awards 24.10 Enforcement of foreign awards 25 Gulf Construction Law: Essence and Essentials 25.1 Development of common law and civil law 25.2 Key themes of Gulf construction law 25.3 Limits on rights 25.4 Role of the Gulf’s Onshore Civil Courts 25.5 Islamic Shari’ah 25.6 Gulf States contrasted   Commentary: FIDIC Conditions Glossary Index

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Author Information

Michael Grose is a UK-trained lawyer who has resided in Dubai since 1998. He founded the regional construction and projects practice of a global law firm, leading the practice for over 20 years and has extensive knowledge of the laws governing construction in the Gulf region, as well as how those laws are applied in practice.

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