2021_Contractors’ Obligations Under Jordan Legislations and FIDIC Contract

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Format: General Document
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collectionurl https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3
copyright Copyright©PWB2025
country Malaysia
date 2021-11-18
format General Document
id 16203
institution UniSZA
originalfilename CONTRACTORS’ OBLIGATIONS UNDER JORDAN LEGISLATIONS AND FIDIC CONTRACT (MASTER_2021).pdf
person Yazan Khaled Al-Alawneh
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resourceurl https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16203
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spelling 16203 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16203 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Server storage Scanned document UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 2.3.4; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Copyright©PWB2025 291 2021-11-18 CONTRACTORS’ OBLIGATIONS UNDER JORDAN LEGISLATIONS AND FIDIC CONTRACT (MASTER_2021).pdf Yazan Khaled Al-Alawneh Obligations Legislations FIDIC Contract Construction contracts Jordanian law Construction industry 2021_Contractors’ Obligations Under Jordan Legislations and FIDIC Contract The field of contracting these days is rapidly growing and the use of modern tools has resulted in the creation of sophisticated buildings for individual persons, establishment of commercial companies as well as shopping centers. Jordan is one of the countries that is experiencing fast architectural development in various fields. Under the Jordanian Construction Contractors Law, a contractor is defined as "any natural or legal person engaged in construction contracting, licensed and registered in accordance with the provisions of this law”. In 2010, the Ministry of Public Works and Housing in Jordan issued the FIDIC contract which provides a standard and unified format for construction projects. It is observed that although the Jordan FIDIC contract is the main reference for construction contracts, it does not provide specific terms on the obligations of contractors and allows the contracts to be executed as long as the contracts do not violate the standards required under the regulations issued by the Ministry of Public Works and Housing. This research is conducted to identify and analyze the obligations of contractors under the Jordanian Civil Law, Jordanian Contractors Association Law and Jordanian FIDIC contract. This research applies legal analysis, whereby the construction laws and FIDIC Contract in Jordan are analyzed to identify obligations of contractors. Discussion in this thesis is focused on the application of civil laws and FIDIC by contractors in executing construction contracts. For data collection, this research compiled data from primary and secondary sources in law. The data from the primary sources consists of legal statutes and case law whereas the data from the secondary sources include law books, journals, newspapers’ articles and reports, conference proceedings and other relevant legal documents. All of the above data were gathered through library research from legal databases, websites and written materials. The research found numerous inconsistencies with regards to the contractors’ obligations under the Jordanian Civil Law, Jordan Contractors Association Law and the Jordanian FIDIC contract. The research also observed that there is no agency which has the authority to coordinate and resolve the discrepancies between these laws. There is a need for the formation of a special legal committee from the Jordanian Contractors Association that possesses technical and legal skills in the field of construction. This committee should comprise legal experts from all branches of law related to the field of contracts, construction and civil law. It is also proposed that this special committee be turned into a permanent committee under the Ministry of Public Works and Housing to address the imbalances in the contractors’ obligations under the Jordanian Civil Law, Jordanian Contractors Association Law and Jordanian FIDIC contract. It is also recommended for the Jordan FIDIC contract be amended in accordance with the developments of the International FIDIC Contract. Dissertations, Academic Thesis
spellingShingle 2021_Contractors’ Obligations Under Jordan Legislations and FIDIC Contract
state Terengganu
subject Construction contracts
Jordanian law
Construction industry
Dissertations, Academic
summary The field of contracting these days is rapidly growing and the use of modern tools has resulted in the creation of sophisticated buildings for individual persons, establishment of commercial companies as well as shopping centers. Jordan is one of the countries that is experiencing fast architectural development in various fields. Under the Jordanian Construction Contractors Law, a contractor is defined as "any natural or legal person engaged in construction contracting, licensed and registered in accordance with the provisions of this law”. In 2010, the Ministry of Public Works and Housing in Jordan issued the FIDIC contract which provides a standard and unified format for construction projects. It is observed that although the Jordan FIDIC contract is the main reference for construction contracts, it does not provide specific terms on the obligations of contractors and allows the contracts to be executed as long as the contracts do not violate the standards required under the regulations issued by the Ministry of Public Works and Housing. This research is conducted to identify and analyze the obligations of contractors under the Jordanian Civil Law, Jordanian Contractors Association Law and Jordanian FIDIC contract. This research applies legal analysis, whereby the construction laws and FIDIC Contract in Jordan are analyzed to identify obligations of contractors. Discussion in this thesis is focused on the application of civil laws and FIDIC by contractors in executing construction contracts. For data collection, this research compiled data from primary and secondary sources in law. The data from the primary sources consists of legal statutes and case law whereas the data from the secondary sources include law books, journals, newspapers’ articles and reports, conference proceedings and other relevant legal documents. All of the above data were gathered through library research from legal databases, websites and written materials. The research found numerous inconsistencies with regards to the contractors’ obligations under the Jordanian Civil Law, Jordan Contractors Association Law and the Jordanian FIDIC contract. The research also observed that there is no agency which has the authority to coordinate and resolve the discrepancies between these laws. There is a need for the formation of a special legal committee from the Jordanian Contractors Association that possesses technical and legal skills in the field of construction. This committee should comprise legal experts from all branches of law related to the field of contracts, construction and civil law. It is also proposed that this special committee be turned into a permanent committee under the Ministry of Public Works and Housing to address the imbalances in the contractors’ obligations under the Jordanian Civil Law, Jordanian Contractors Association Law and Jordanian FIDIC contract. It is also recommended for the Jordan FIDIC contract be amended in accordance with the developments of the International FIDIC Contract.
title 2021_Contractors’ Obligations Under Jordan Legislations and FIDIC Contract
title_full 2021_Contractors’ Obligations Under Jordan Legislations and FIDIC Contract
title_fullStr 2021_Contractors’ Obligations Under Jordan Legislations and FIDIC Contract
title_full_unstemmed 2021_Contractors’ Obligations Under Jordan Legislations and FIDIC Contract
title_short 2021_Contractors’ Obligations Under Jordan Legislations and FIDIC Contract
title_sort 2021_contractors’ obligations under jordan legislations and fidic contract