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ARTICLE · 20 FEBRUARY 2023

Decennial Liability Insurance In The Omani Law

Sariya Al Hadi & Ali Al Rashdi & Co.
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The Omani Law impose upon contractors and architects/engineers to guarantee the design and construction works they implemented for ten years.

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The Omani Law impose upon contractors and architects/engineers (referred to as "engineers" hereafter) to guarantee the design and construction works they implemented for ten years. The provisions related to the decennial liability insurance determine as a public order as stated in article 636 of the Civile Transaction Law No. 29/2013 which says: "Any clause that exempts the contractor or the engineer from the liability or limits such liability shall be void." As a result, the law prohibits agreeing on exemption or limitation of the decennial liability. Also, it is an assumed responsibility, meaning the employer is not required to prove the fault of the contractor or engineers as long as the total or partial collapse or defect affecting the stability or safety of the building or fixed installation has occurred.

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