English abstract
The widespread usage of construction contracts has led to an increase
in Subcontracts, where the original contractor delegates their contractual
obligations to another contractor referred to as a subcontractor. The cen
tral question is: does the Civil Transactions Law regulate Subcontracts in
the same way it regulates construction contracts?
The importance of the research lies in the fact that it deals with
subcontracting as one of the most widespread types of contracts. The
importance of the research also lies in the lack of national research on
the subject of subcontracting based on Omani law. Since the main issue
of the research is the lack of regulation of the civil transactions law on
the subcontracting contract and the provisions related to this contract,
this research aims to study subcontracting and specifically the relation
ship of the original contractor with the subcontractor in Omani legisla
tion, Additionally, the study addresses critical issues, such as whether a
subcontractor has the right to claim payment directly from the employer
before the original contractor, and what are the subcontractor rights if
they complete part of the work but are unable to finish the remaining
tasks due to one reason or another.
As a methodology, the researchers use descriptive and analytical
approaches to elucidate this issue. They conclude with several findings,
notably the lack of regulation of Subcontracts by Omani legislation.
Consequently, the main recommendation was the necessity of regulating
this type of contract.
