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ARTICLE · 27 NOVEMBER 2013

Termination For Construction Contracts: UAE Perspective

Fenwick Elliott LLP
Fenwick Elliott LLP
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Fenwick Elliott LLP

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A common scenario: the Employer is not happy with the Contractor’s performance, whether because of failure to perform the works in the manner provided for in the Contract or because of some other breach of the Contract.

United Arab EmiratesReal Estate and Construction

A common scenario: the Employer is not happy with the Contractor's performance, whether because of failure to perform the works in the manner provided for in the Contract or because of some other breach of the Contract. The Employer picks up the Contract, which - in the UAE - is usually some modified FIDIC standard form, in search of the termination provision. Most such termination provisions require the Employer to send the Contractor a notice to correct the failure or the breach within a specified period. If the Contractor fails to correct the breach, then the Employer becomes entitled to terminate the Contract. The Employer, feeling confident of its legal position, sends the termination notice. The Employer is satisfied that it has correctly terminated the contract.

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