Abstracts – Browse Results
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Aljohani, A (2019) Cost overrun causality model in Saudi Arabian public sector construction projects, Unpublished PhD Thesis, The Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Baghdadi, A M A (2017) The allocation of risks in the Saudi Arabian domestic and regional aviation construction projects, Unpublished PhD Thesis, The Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Barrett, N (2011) The rise of a profession within a profession: the development of the architectural technology discipline within the profession of architecture, Unpublished PhD Thesis, , Robert Gordon University.
Crawley, S E (2017) The difference in how UAE and EW law controls Gharar (risk) and so Riba in a construction contract in the Emirate of Dubai, UAE, Unpublished PhD Thesis, The Law School, Robert Gordon University.
- Type: Thesis
- Keywords: conflict; contract law; dispute; FIDIC; liability; Switzerland; uncertainty; United Arab Emirates
- ISBN/ISSN:
- URL: https://rgu-repository.worktribe.com/output/248913
- Abstract:
This research critically analyses and compares how the United Arab Emirates (UAE)1 Law and English and Welsh (EW) Law regulates obligations in a contract, for a thing that is to come into existence in the future, namely a construction contract. Uncertainty/speculation as to how an obligation is to be performed in UAE Law is termed gharar. The word that is synonymous with this terminology in EW Law is 'risk'. The extent of gharar or ‘risk’ (these terms are used on an interchangeable basis in this thesis) in an obligation plays a fundamental role in the profitability of a construction contract. Where losses become unacceptable, particularly for the Contractor, a dispute will arise. These circumstances may be in conflict with UAE Law, which obligates parties to a contract to ensure circulation of wealth by maintaining the anticipated profit to be made from a contract. This analysis also reviews how the level of gharar or ‘risk’ can be increased by operation of two types of provision that are included in standard forms of construction contract such as the International Federation of Consulting Engineers, Geneva, Switzerland (FIDIC) Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer 1st Ed. 1999 (FIDIC99). The first is a provision that releases the Employer from liability where the Contractor does not give timely notice of an Employer’s act of prevention. The second is a provision giving the Employer a discretion to act in an opportunistic manner, and exempt or limit his liability. It considers how FIDIC99 should be applied to control gharar or ‘risk’ in a positive way. It also identifies similarities between how UAE Law controls gharar and that of the notion of parties’ reasonable expectations in contract Law (herein referred to as parties’ expectations), and how relational contracts operate to ensure parties achieve their expectations.
Davies, A-M (2004) Using images to present stated preference information: an application to the built environment, Unpublished PhD Thesis, , Robert Gordon University.
Hamma-Adama, M (2020) Framework for macro building information modelling (BIM) adoption in Nigeria, Unpublished PhD Thesis, , Robert Gordon University.
Haque, S M M (2004) Success factors in collaborative relationships (alliancing and partnering) in the UK upstream oil and gas industry, and perception of trust, Unpublished PhD Thesis, Abderdeen Business School, Robert Gordon University.
Harty, J (2012) The impact of digitalisation on the management role of architectural technology, Unpublished PhD Thesis, Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Kristensen, E K (2011) Systemic barriers to a future transformation of the building industry from a buyer controlled to a seller driven industry: an analysis of key systemic variables in the building industry, such as 'procurement model', 'buyer perception',, Unpublished PhD Thesis, Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Lawani, A (2018) Investigating project management practice in Nigerian government construction organisations: a systems thinking approach, Unpublished PhD Thesis, Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Leon, M (2015) Development of a computer mediated multidisciplinary design protocol and its application to the early architectural design stages, Unpublished PhD Thesis, Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Motaleb, O H (2014) Development of a risk response model to handle delays of construction projects in the United Arab Emirates, Unpublished PhD Thesis, Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Scott, J R (2004) Optimising the relationship between passive solar design of new housing and the economics of construction and land value, Unpublished PhD Thesis, Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Tobin, N Y (2017) A framework for knowledge capture and recovery in whole life costing practice, Unpublished PhD Thesis, Scott Sutherland School of Architecture & Built Environment, Robert Gordon University.
Whyte, A (1996) Building design team communication: Practice and education, Unpublished PhD Thesis, , Robert Gordon University.
Wilson, G (2013) An integrated decision support model for the sustainable refurbishment of hospitals and healthcare facilities: Developing a prototype, Unpublished PhD Thesis, , Robert Gordon University.