English abstract
The construction Contract is one of the civil contracts that
may be affected by various factors that make it vulnerable to
economic imbalance between the contracting parties. For this
reason, rebalancing the contract is an urgent need to ensure the
stability of the contractual relationship and to ensure contractual
justice. This research aims to identify the means of rebalancing the
construction contract, describe these means, and indicate how
they work and their impact on the contract. As well as reaching
the similarities and differences between these means in the Omani
law and comparative laws, and the areas of distinction of national
law and its shortcomings.
The researcher has reached several results that are
summarized in the possibility of applying the provisions of the
theory of change of the circumstances and the provisions of force
majeure on the construction contract, and they are effective in
rebalancing the contract economies. Moreover, the unit price
construction contract is flexible and ensures the possibility of
rebalancing the economics of the construction contract, unlike the
lump sum construction contract.