Legislative Means to Address the Economic Imbalance in the Construction Contract- Comparative Analytical Study

Abstract

The construction Contract is one of the civil contracts that may be affected by various factors that make it vulnerable to the economic imbalance of the contract. For this reason, rebalancing the contract becomes an urgent need to ensure the stability of the contractual relationship and ensure contractual justice. This research aims to identify the means of addressing the economic imbalance in the construction contract, describe these means, and indicate how they work and their impact on the contract as well as reach the similarities and differences between these means in the Omani law and comparative laws, and the areas of distinction of national law and its shortcomings. The researcher has reached several results, which are summarized in the possibility of modifying some general rules aimed at achieving contractual justice and their contribution to addressing the imbalance in the economics of the contract. Also, the contracting contract concluded under a unit-based assay is flexible and ensures the possibility of addressing the economic imbalance in the contracting contract, unlike the contracting contract, which determines the wage as a whole on the basis of a specific design.