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Muhammad Al-Hajri: Most construction contract disputes are caused by a lack of clarity. Ahmed Al-Julu: Works supervision is important and the contract must include all implementation details. Many common construction disputes between contractors and owners arise in the contract. The courts are filled with lawsuits filed by citizens on the grounds of violations of the contract signed by both parties, whether it is technical and engineering defects that appeared during the implementation process, or failure to deliver the construction. Violation of technical requirements, construction that does not meet product design and quality requirements. Al-Arab reviewed the opinions of engineers and lawyers on the most important violations and mistakes that one or both parties to the contract can make, which end up in the courts and may lead to one of the parties going to jail. Many lawyers stressed that the contract between citizens and contractors needs to contain clauses on the specifications and construction details required by citizens, including the type of materials and finishes, and include penal conditions and severe penalties for those who violate the provisions. Violation of the terms of both parties, whether in terms of cost, delivery and receipt, or in terms of construction materials used. They pointed out that it is necessary to choose qualified and reputable companies and read the contract to ensure that the construction contractor does not benefit from legal loopholes in the contract, which will not subject them to many legal obligations during the implementation and post-delivery stages.They stressed that the current law does not elaborate on what would qualify the current situation as “force majeure” that requires the cancellation of the contract, or simply an exceptional emergency that does not exempt the parties from the performance of their contractual obligations. .This means that there could still be differences of opinion or disagreements between the parties, and that in the aftermath of the crisis there could be a need to exhaust and exhaust the courts’ resources through a flood of rental cases, which could be avoided these days by enacting appropriate legislation on breach requirements. Attorney Muhammad Majid Al-Hajri reviewed the legal procedure to be followed when a contractor or owner breaches one of the clauses of the agreement and the parties are at odds. Al-Hajri said: “If the owner of one of the parties to the contract suffers damage due to defects, errors or delays in the implementation and delivery of the property on a specified date and in violation of the technical requirements stipulated in the contract, the owner must first issue a letter A, registered with the knowledge of the other party (the contractor) and through a consultant, through which the contractor is informed that if the disputed issues are corrected during this period, the case ends here.” He continued: “If the contractor does not respond during this period, he must enter the stage of filing an urgent civil lawsuit to prove the case, that is, the damage caused by the breach of contract between them, and attach the required documents and a statement of the defect or defects, and then within 30 days, the parties will be announced to appear in court, and the judge specialized in urgent matters will appoint an expert who will be heard by him personally.” The parties to the dispute – the owner and the contractor – and write a report on this, then he goes to the property to inspect the location of the defects and assess the claimant’s losses, and then writes the report to the judge. In urgent matters, each party has the right to respond to the dispute before we enter the third stage, which is to issue a ruling, either in favor of the contractor or in favor of the owner. ” Eng Ahmed Al-Julu, former chairman of the Qatar Engineers Association, also agreed with the arbitration center and his views in this regard, pointing out that it is necessary to select companies that are qualified to carry out construction based on their capabilities and machines. In addition to having a cadre of qualified personnel capable of implementing the construction phase, it is also necessary to have qualified personnel who can deliver the building on the stipulated date and in accordance with the required specifications without defects or negligence. He said: “The selection of a consulting company must be based on its reputation and regular work in design and implementation supervision, because reputable consulting companies maintain their reputation and are responsible for preparing comprehensive engineering drawings and developing specifications that meet the needs of the citizens who own the building according to the available budget. ” Al-Julu stressed the need to include in the contract signed between the owner and the contractor a basic condition to have recourse to the arbitration center in case of breach of the terms of the agreement by either party and disagreement between the parties. … and to accept the decision of the center and commit to its implementation. He also called for the provision of administrative, technical, engineering and legal expertise to it so that it becomes a source of confidence for all. Date of implementation: It is worth noting that Qatar Civil Law No. 22 of 2004 allows the employer to request the termination of the contract without waiting for the delivery deadline if the contractor is late in starting the implementation or completing the works. He has no hope of being able to properly perform that obligation within the agreed period, or if he has taken a course of action that shows that he does not intend to perform his obligations, or has committed acts that make it impossible to perform that obligation. If the agreed work cannot be completed due to reasons beyond the control of either party, the contract terminates and the contractor is entitled to claim from the employer his expenses and wages due to him within the period. Limitation of employer benefits. The employer may terminate the contract and stop the implementation of the works at any time before the completion of the works, subject to compensation for all expenses incurred by the contractor, works completed and income due to him after the completion of the works. Work. However, the court may reduce the damages for the contractor’s loss of income if the circumstances make such a reduction just, and in particular must reduce therefrom the costs which the contractor may have saved as a result of the employer’s termination of the contract, and the costs which he may have obtained by using his time for other work. Subcontractors Article 701 allows the contractor to delegate the execution of all or part of the work to a subcontractor, if the conditions in the contract do not prevent him from doing so, or the nature of the work does not affect the contractor’s personality. A subject of consideration. However, the original contractor’s obligations to the employer remain valid and he will be responsible for the work of the subcontractor. Under Article 702, subcontractors and workmen who executed the works for the original contractor are entitled to claim damages directly from the employer, but not exceeding the amount owed by them to the original contractor from the date of the filing of the action. , and the workmen of the subcontractor have such rights before the original contractor and the employer. Subcontractors and the above-mentioned workmen, when signing a lien under the employer or the original contractor, have a lien for the amount owed to the original contractor or subcontractor at the time of signing the lien. Their rights are divided in proportion, and these amounts can be paid directly to them. The rights of the subcontractor and the work under this clause shall prevail over the rights of the person to whom the contractor assigns his rights before the employer. Damage to building materials: In the case of loss or damage of items that perish or are destroyed by accident or force majeure before delivery to the employer, pursuant to Article 690 of the Qatari Civil Code, the contractor has no right to claim the agreed wages or the value of the materials he supplied if the items are destroyed or damaged by accident or force majeure before delivery to the employer, unless the employer expressly states that the time of loss or damage constitutes a breach of his obligation to accept the work, in which case the contractor shall be entitled to claim compensation from the employer. Article 691 of Qatar Civil Law No. 22 of 2004 provides that: If the materials are supplied by the employer and the items are destroyed or damaged by accident or force majeure before delivery to him, he shall not have the right to claim the contractor’s valuation.
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