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Abstract

The UAE Civil Transactions Law provides that both contractor and architect will be responsible for any defects that occur within ten years in buildings they have constructed. Such strict responsibility for construction faults plays an active role in ensuring the safety of the building and encouraging best practice in construction sector. Recently, subcontracting on construction projects becomes a common and well-established practice. Contractors enlist the services of subcontractors to achieve certain goals, including obtaining cost reductions, securing access to specialized services, and risk sharing. However, the use of subcontract arrangements can introduce some problems that can affect construction management and construction quality. Therefore, this Article explores the notion of the ten-year guarantee in construction contracts from both a UAE and Comparative perspective. Furthermore, this Article examines the extent to which the sub-contractor is responsible for any flaws appearing in buildings and engineering projects.

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