Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Emperor’s New Clothes: Time Bar Clauses in Construction Contracts Between Legal Tradition and Good Faith

The Emperor’s New Clothes: Time Bar Clauses in Construction Contracts Between Legal Tradition and... AbstractThere is no clear provision in how the Jordanian Civil Code deals with the principles of good faith and freedom of contract. Interpretations can go either way, although there is a notable tendency that gravitates towards good faith. One significant aspect of the principle of good faith is that it provides a solid ground of contractual and legal interpretation of controversial construction issues such as time bar clauses. This research highlights how time bar clauses in construction contracts may affect the rights and responsibilities of Employers and Contractors under the Jordanian law. Often application of the principle of good faith produces a result similar to that under time bar clauses in FIDIC rules. As far as the author is aware, this issue has not been researched comprehensively before from technical and legal standpoints. This article represents a first attempt to examine the issues arising in this difficult and important subject. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

The Emperor’s New Clothes: Time Bar Clauses in Construction Contracts Between Legal Tradition and Good Faith

Arab Law Quarterly , Volume 37 (1-2): 14 – Mar 3, 2021

Loading next page...
 
/lp/brill/the-emperor-s-new-clothes-time-bar-clauses-in-construction-contracts-36lzDt4piW

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/15730255-bja10081
Publisher site
See Article on Publisher Site

Abstract

AbstractThere is no clear provision in how the Jordanian Civil Code deals with the principles of good faith and freedom of contract. Interpretations can go either way, although there is a notable tendency that gravitates towards good faith. One significant aspect of the principle of good faith is that it provides a solid ground of contractual and legal interpretation of controversial construction issues such as time bar clauses. This research highlights how time bar clauses in construction contracts may affect the rights and responsibilities of Employers and Contractors under the Jordanian law. Often application of the principle of good faith produces a result similar to that under time bar clauses in FIDIC rules. As far as the author is aware, this issue has not been researched comprehensively before from technical and legal standpoints. This article represents a first attempt to examine the issues arising in this difficult and important subject.

Journal

Arab Law QuarterlyBrill

Published: Mar 3, 2021

There are no references for this article.