Record Detail Back
International Journal of Law and Management: Rethinking traditional approaches of parties’ autonomy in construction contracts: decennial liability as a case study
- Share to:
Abstract
Purpose – Employers, contractors, subcontractors and engineers often believe that they have a “common
language”, which consists of drawings and specifications, notwithstanding that drawings and specifications must
be interpreted and understood in their legal context. Accordingly, due to the legal-technical aspects of construction,
it is essential that construction contracts should strike the right balance between the interests of all stakeholders.
The purpose of this paper is to examine this issue in depth.
Design/methodology/approach – To examine this issue in depth, this paper is divided into four sections.
First, general background on Jordanian construction law. Second, the conformity between the Jordanian law and
international federation of consulting engineers (FIDIC) rules. Third, crystallisation of parties autonomy in
construction contracts. Fourth, per defects liability in construction contracts as a case study.
Findings – Construction disputes are not only a legal issue. It is also a technical challenge to which an
interdisciplinary body of legal scholars, contractors, engineers and construction experts should respond by
setting flexible standards as practices could change faster than rules. Judges in particular are bound to
understand the peculiar technical-legal nature of construction disputes. This should be a good starting point
for developing case law in the field of construction which is rather limited. In this way, construction case law
can be established gradually and cumulatively on a case by case basis.
Originality/value – As far as the author is aware, the issue of construction contracts in Jordan has not
been researched comprehensively before from technical and legal standpoints. This paper represents a first
attempt to examine the issues arising in this difficult and important subject.
Haitham Haloush - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2020
ENGLAND
JURNAL ILMU HUKUM
LOADING LIST...
LOADING LIST...
APA Citation
Haitham Haloush. (2020).International Journal of Law and Management:
Rethinking traditional approaches
of parties’ autonomy in
construction contracts: decennial
liability as a case study.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd
