YaBeSH Engineering and Technology Library

    • Journals
    • PaperQuest
    • YSE Standards
    • YaBeSH
    • Login
    View Item 
    •   YE&T Library
    • ASCE
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
    • View Item
    •   YE&T Library
    • ASCE
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
    • View Item
    • All Fields
    • Source Title
    • Year
    • Publisher
    • Title
    • Subject
    • Author
    • DOI
    • ISBN
    Advanced Search
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Archive

    Is the Engineering and Construction Contract Legally Less Competitive than the Red Book in Civil Law Countries?

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 003::page 06522001
    Author:
    Omar Hisham Alhyari
    ,
    Abdullah Rabee Al Ani
    DOI: 10.1061/(ASCE)LA.1943-4170.0000543
    Publisher: ASCE
    Abstract: In many construction projects, standard forms of contract are an essential part of the contractual documents. They are preferred by construction parties for the advantages they present including reducing drafting time and costs. The International Federation of Consulting Engineers (FIDIC) and the New Engineering Contract (NEC) forms prepared by the London Institution of Civil Engineers are among the most popular standard construction contracts. In comparison with the other FIDIC contracts, the Conditions of Contract for Construction (the Red Book) is most used, and within the NEC forms, the Engineering and Construction Contract (ECC) is the most frequently used form. Both the Red Book and the ECC have their roots in common law jurisdictions. However, the former contract is widespread in civil law countries, whereas the latter is not. Several possible reasons for this difference can be studied. This paper is devoted to investigating whether the provisions of the ECC are less compatible than the provisions of the Red Book with the relevant mandatory statutory provisions and judicial jurisprudence of the United Arab Emirates, the civil code of which shares many similarities with the respective codes of other civil law countries. The investigation is instituted on the doctrinal research method and the results, which are documented in this paper, show that the ECC does not contain more contradictions than the Red Book with the aforementioned mandatory statutory provisions and judicial jurisprudence. Accordingly, it would appear that such contradictions do not explain why the ECC is not prevalent in civil law countries.
    • Download: (189.7Kb)
    • Show Full MetaData Hide Full MetaData
    • Get RIS
    • Item Order
    • Go To Publisher
    • Statistics

      Is the Engineering and Construction Contract Legally Less Competitive than the Red Book in Civil Law Countries?

    URI
    https://yetl.yabesh.ir/yetl1/handle/yetl/4281787
    Collections
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

    Show full item record

    contributor authorOmar Hisham Alhyari
    contributor authorAbdullah Rabee Al Ani
    date accessioned2022-05-07T19:53:32Z
    date available2022-05-07T19:53:32Z
    date issued2022-03-23
    identifier other(ASCE)LA.1943-4170.0000543.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4281787
    description abstractIn many construction projects, standard forms of contract are an essential part of the contractual documents. They are preferred by construction parties for the advantages they present including reducing drafting time and costs. The International Federation of Consulting Engineers (FIDIC) and the New Engineering Contract (NEC) forms prepared by the London Institution of Civil Engineers are among the most popular standard construction contracts. In comparison with the other FIDIC contracts, the Conditions of Contract for Construction (the Red Book) is most used, and within the NEC forms, the Engineering and Construction Contract (ECC) is the most frequently used form. Both the Red Book and the ECC have their roots in common law jurisdictions. However, the former contract is widespread in civil law countries, whereas the latter is not. Several possible reasons for this difference can be studied. This paper is devoted to investigating whether the provisions of the ECC are less compatible than the provisions of the Red Book with the relevant mandatory statutory provisions and judicial jurisprudence of the United Arab Emirates, the civil code of which shares many similarities with the respective codes of other civil law countries. The investigation is instituted on the doctrinal research method and the results, which are documented in this paper, show that the ECC does not contain more contradictions than the Red Book with the aforementioned mandatory statutory provisions and judicial jurisprudence. Accordingly, it would appear that such contradictions do not explain why the ECC is not prevalent in civil law countries.
    publisherASCE
    titleIs the Engineering and Construction Contract Legally Less Competitive than the Red Book in Civil Law Countries?
    typeJournal Paper
    journal volume14
    journal issue3
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000543
    journal fristpage06522001
    journal lastpage06522001-8
    page8
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 003
    contenttypeFulltext
    DSpace software copyright © 2002-2015  DuraSpace
    نرم افزار کتابخانه دیجیتال "دی اسپیس" فارسی شده توسط یابش برای کتابخانه های ایرانی | تماس با یابش
    yabeshDSpacePersian
     
    DSpace software copyright © 2002-2015  DuraSpace
    نرم افزار کتابخانه دیجیتال "دی اسپیس" فارسی شده توسط یابش برای کتابخانه های ایرانی | تماس با یابش
    yabeshDSpacePersian