Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts

Construction projects are called international when parties from different countries enter into an agreement to carry out the work. Usually, parties use FIDIC standard forms of contracts, as they are widely used globally for complex international projects. During construction, generally, issues occu...

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Main Author:	A. Saleh, Ahmed Abubaker
Format:	Thesis
Language:	English
Published:	2014
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/48916/25/AhmedAbubakerASalehMAFB2014.pdf
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id	my-utm-ep.48916
record_format	uketd_dc
spelling	my-utm-ep.489162020-07-05T08:24:39Z Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts 2014-06 A. Saleh, Ahmed Abubaker TH Building construction Construction projects are called international when parties from different countries enter into an agreement to carry out the work. Usually, parties use FIDIC standard forms of contracts, as they are widely used globally for complex international projects. During construction, generally, issues occur between parties of the contract when a party contends that, although, the words of the contract, taken literally, seems to apply to the events or the circumstances encountered but within the contemplation of the other party, these events and circumstances seems to be applied differently according to the wording of the same contract and/or the provisions of the governing law of the contract. That would misdirect the parties as to what should happen, who should do what, and often who should bear the cost. Therefore, this study has been taken to identify and categorize the issues of the international construction contract i.e. FIDIC, and, also, to determine the effect of the factors (legal system, language, and application of FIDIC) that are causing the issues, from the experience and the point of view of the Malaysian contractors who worked in the Middle East, specifically, Saudi Arabia and United Arab Emirates. and point out the key issues for the unwary to consider. The methodology of the study includes extensive research and a survey, designed accordingly, with participation of Malaysian professionals who have a vast knowledge and direct involvement in construction project in UAE and Saudi Arabia. The result of this study identified and categorized the issues; focused on key issues; and determined the effects of the factors (the legal system/governing law, language, and application of FIDIC) and how influential each factor is on those issues. 2014-06 Thesis http://eprints.utm.my/id/eprint/48916/ http://eprints.utm.my/id/eprint/48916/25/AhmedAbubakerASalehMAFB2014.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:85478 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction A. Saleh, Ahmed Abubaker Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts
description	Construction projects are called international when parties from different countries enter into an agreement to carry out the work. Usually, parties use FIDIC standard forms of contracts, as they are widely used globally for complex international projects. During construction, generally, issues occur between parties of the contract when a party contends that, although, the words of the contract, taken literally, seems to apply to the events or the circumstances encountered but within the contemplation of the other party, these events and circumstances seems to be applied differently according to the wording of the same contract and/or the provisions of the governing law of the contract. That would misdirect the parties as to what should happen, who should do what, and often who should bear the cost. Therefore, this study has been taken to identify and categorize the issues of the international construction contract i.e. FIDIC, and, also, to determine the effect of the factors (legal system, language, and application of FIDIC) that are causing the issues, from the experience and the point of view of the Malaysian contractors who worked in the Middle East, specifically, Saudi Arabia and United Arab Emirates. and point out the key issues for the unwary to consider. The methodology of the study includes extensive research and a survey, designed accordingly, with participation of Malaysian professionals who have a vast knowledge and direct involvement in construction project in UAE and Saudi Arabia. The result of this study identified and categorized the issues; focused on key issues; and determined the effects of the factors (the legal system/governing law, language, and application of FIDIC) and how influential each factor is on those issues.
format	Thesis
qualification_level	Master's degree
author	A. Saleh, Ahmed Abubaker
author_facet	A. Saleh, Ahmed Abubaker
author_sort	A. Saleh, Ahmed Abubaker
title	Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts
title_short	Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts
title_full	Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts
title_fullStr	Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts
title_full_unstemmed	Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts
title_sort	common contractual issues faced by malaysian contractors operating in middle east using fidic form of contracts
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2014
url	http://eprints.utm.my/id/eprint/48916/25/AhmedAbubakerASalehMAFB2014.pdf
_version_	1747817501902766080

Common contractual issues faced by Malaysian contractors operating in Middle East using FIDIC form of contracts

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