Senior at Ernst & Young, India
The construction industry is a driving force in Kuwait's economy, with a broad spectrum of projects that are crucial to both urban development and the oil sector. The foundation of these projects lies in the construction contracts that govern their execution. This paper examines the legal and technical aspects of construction contracts in Kuwait, emphasizing the importance of a comprehensive techno-legal framework for successful project completion. We will explore the contract lifecycle, highlighting opportunities at each stage to mitigate risks and ensure project success. A focus on the pre-contract phase reveals the necessity for clear, mutual agreement on terms that align with Kuwait's legal requirements. The use of standard contract conditions, such as FIDIC, alongside tailored provisions, ensures that contracts are well-defined and understood by all parties. The paper discusses the role of contract administration in monitoring compliance, managing budgets and schedules, and facilitating decision-making processes. We address the significance of industry best practices in dispute resolution, particularly in a legal environment like Kuwait's, where ADR mechanisms are less recognized, and litigation remains a common recourse. Through this exploration, we aim to provide insights into effective contract management and dispute resolution strategies that can lead to the seamless execution of construction projects in Kuwait, minimizing disputes and avoiding cost or time overruns. The findings underscore the importance of meticulous documentation, adherence to best practices, and the application of key learnings to future projects, contributing to the continuous improvement of the construction industry in Kuwait.
Research Paper
International Journal of Legal Science and Innovation, Volume 6, Issue 5, Page 436 - 443
DOI: https://doij.org/10.10000/IJLSI.112253This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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