A unified construction contract between the owner, contractor and consultant in Sharjah

Sharjah Municipality revealed the provision of a service to benefit from a unified “indicative” construction contract model between the owner, contractor and consultant, to facilitate procedures, emphasize the rights of all parties, and adherence to the technical standards regulating the practice of the contracting profession in the emirate.

For his part, the Director General of the Municipality, Riyad Abdullah Aylan, confirmed that implementing the contract contributes to the advancement of the engineering contracting sector, reducing the conflict that occurs between the contractor, the owner and the consultant, in addition to preserving and proving the rights of the contracting parties, and organizing the workflow and financial payments for the project.

He stated that the contract was drawn up to serve as a basic reference for engineering arbitration, and will contribute significantly to accelerating the work of the Engineering Dispute Resolution Committee, given that it contains all the data and contract terms agreed upon between all parties, in accordance with the legal rules in force in the emirate, and that implementing the contract will facilitate the work of the engineering expert. Delegated to prepare a report on the site of the project in question.

Aylan pointed out that the contract is a document for working in accordance with internationally recognized engineering principles, and obliges everyone to adhere to the regulations in force in the emirate, and to insure equipment, individuals, and construction. It also contributes to preserving environmental, financial, and human resources due to the drafting of a unified version of the contract, after there had been Many copies of contracts between owners, contractors and consultants.

For his part, Assistant Director General of the Engineering and Projects Sector in the Municipality, Abdulaziz Al-Mansouri, said that the unified contract was officially implemented after it was discussed and approved by the Municipal Council, adding that the contract documents are all the documents included in the contract, referred to in its clauses and were approved, and it was agreed that It is required by the contracting parties, in a manner that does not violate the building regulations and laws in the Emirate of Sharjah.

He pointed out that the contract was drafted after reviewing several distinguished experiences in this field, based on studies, recommendations and consultations provided by relevant departments in the emirate, and by consulting offices specialized in the field of preparing and concluding contracts of various types in order to provide more facilities, enhance the quality system and develop performance. In accordance with the highest standards in force in this regard.

Al Mansouri explained that the contract specified a set of general conditions that the parties must apply, in addition to the conditions and obligations required of each party, the owner, the consultant, and the contractor. It also required everyone to adhere to and adhere fully to the terms and conditions of the building permit issued by the municipality, as well as to adhere to all applicable systems and laws. In this field, he added that the contract is a general framework for legal and contractual terms, and the contracting parties can add any terms of their own.

He stated that if there is any dispute between the two parties (the owner and the contractor) as a result of the implementation of the works, the consultant will be referred to explain the matter based on this contract, and to give his decision within a period not exceeding two weeks from the date the dispute occurred, and in the event that neither party is satisfied with the consultant’s decision The dispute will be resolved through arbitration, in accordance with the rules in force in the UAE, and the Committee for Arbitration and Resolution of Contractors’ Disputes, Complaints and Suggestions, affiliated with the Municipal Council of the City of Sharjah, is the body authorized for arbitration and conciliation unless the two parties agree on any other body for arbitration.