English abstract
This study aims to identify the civil liability of the consulting engineer according to the Omani law by answering the following questions:
1) What is the responsibility of the consulting engineer according to the general rules? 2) What is the responsibility of the consulting engineer according to the private rules? To answer these questions, the researcher identified the responsibility of the consulting engineer according to the general rules, by looking in the scope of its impact, elements and the extent of its provisions that may be able to change. Also he identified the responsibility of the consulting engineer according to the private rules, which are guaranteed by the legislature for this type of responsibility out of the general rules, by examining its scope, provisions, impact and how it depends on the public order. The Main Results of Dissertations :
1) Asking the consulting engineer according to the general rules about the damage being inflicted to the employer, represent in the defects of construction which are not of great severity causing a threaten on the safety of construction and durability. In this case would apply with the general rules, even if these defects appeared before or after the delivery of the work. 2) Asking the consulting engineer according to the general rules for the damage being inflicted on others, whether linked to the construction such as: contractor and assistants of consulting engineer, etc., or those who are not linked such as: neighbors, pedestrians, tenants, and others. 3) The origin of the consulting engineer's commitment is to make care, but the parties to the contractual relationship could consider as an obligation of result, since the contracting parties seeking to benefit from the obligation. 4) Asking the consulting engineer for defects in the design, if its work only limited to develop the design and was not in charge of supervision and control of implementation. Also asking him for defects in the ground of the building, as long as it was possible to detect according to the rules of architecture, but if the detection is not possible according to these rules he will not be responsible as it been in the rule of force majeure. 5) Must taking the broad sense of the definition of engineer subject to ensure the architectural and ten-years responsibility, to fall under the denomination of all engineers involved in the process of construction required to ten-years warranty, provided, in response to the evolution of modern architecture in the activity on the building and construction. 6) Extending the project to ensure the consulting engineer in accordance with their own rules until the handover of the premises and pay the money. That is other than what is required by the general rules in the contractors contract, which expires the obligation by the delivery of acceptable construction as the phenomenon.
