تأثر عقود المقاولات الإنشائية (الفيديك) بالأخطار الأستثنائية في سلطنة عمان.
مؤلف
الحضرمية, سمية بنت محمد بن خلفان.
الملخص الإنجليزي
The thesis is looking into the most prominent factors influencing economic balance of FIDIC Contracts represented in exceptional risks. Such risks have serious impact on the different parties of the FIDIC Contract (employer and contractor) whether during the stage where the contract is signed off or during actual operation.
The legal regulation of Omani FIDIC based contracts lacks a well-structured template that is supposed to be in line with the various and regularly occurring changes in the field of construction contracting. How the standard contract template adopted in the Sultanate is designed lacks model rules capable of mitigating the impact of exceptional risks. The terms and conditions included in the Omani FIDIC Contract have no genuine difference from those general rules we are familiar with.
Based on the aforementioned, the researcher sheds light on the adverse impact of exceptional risks on FIDIC Contracts during both phases; sign off and operation. The researcher examines the legal regulation of such risks included in Standard Contract for Building and Civil Engineering Works documents, as well as the nature of the model rules mentioned in Omani FIDIC and how reasonable they are compared to the general rules regulating the same matter.
The researcher concludes that exceptional risks affect construction contracting during contract sign off through influencing the primary elements related to the actual contractual cause. In addition, such risks negatively impact operation through two main aspects; exigent circumstances and force majeure which currently the Omani FIDIC doesn't adequately address through proper regulation.
