Abstract
Construction law in Saudi Arabia has never seen greater appeal. The key discussion of the paper is a review of the practice for projects and construction law, and how a lawyer can represent and advise clients of the construction industry in Saudi Arabia. The discussion will examine key available legislative sources, authorities, literatures, and media in Saudi Arabia. The research will evaluate the above to explicate the current international understanding of Saudi projects and construction law practice. The framework of the paper is merely a review of key areas of the practice extracting them from syllabus of courses teaching construction law in international universities. In addition to academic research, points of discussion are cited from local newspapers mainly those commented by well-known practitioners. The key advantage the reader will have after reading this paper is to know more how the understudy jurisprudence and law has emerged. The delivered view here is that the legal and regulatory system may have many ambiguous areas and shortcomings for foreign lawyers. But, the issue is not being on the top agenda of supreme authority of the Kingdom. This was inaugurated because it is almost inherently built in the system that parties have greater latitude to choose their own preference of how to configure the documentation and the structure of the project. The aim, at the end, is to assist international lawyers in how to practically represent and advise clients in Saudi Arabia. Also, consequently, enlighten their instincts to the recently increasing disputes and potential failures of projects in the Kingdom.
Highlights
Professionals in the construction industry know that it is almost impossible to understand or review every aspect of the law that related to construction.[1]
The broad knowledge of these principles must be extended to include the law of remedies and resolution of disputes.[35]. In another regard, it is of great magnitude, even though tort does not apply in Saudi Arabia, that a construction lawyer understands the equivalent application of negligence[36] in Moqawlah agreements
Procurement law is one of the most specialized areas commonly seen in construction law, because it governs the framework of the tendering process together with the mechanism of risk apportionment that can hinder the choice of the project delivery route
Summary
Professionals in the construction industry know that it is almost impossible to understand or review every aspect of the law that related to construction.[1]. In the absence of the application of stare decisis[9] and the exceptionality of the socio-legal limitations, most of the in-kingdom legal practice, ranging from choosing a standard form of contract to choosing a method of delay analysis, is normally codified from other jurisdictions.[10] While, there are no reference for reporting mechanism that is approved by the Ministry of Justice (MoJ) to attempt to assist the practice of construction law in specific,[11] the judiciary had an attempt to record all judicial decisions ‘Modona Al Ahkam’[12] and placing them in an open source system. 6- Corruption and Project Forensics: exploring the general views in Saudi
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