Federal Iraqi Law Applicable to Construction Contracts

The background and ethos of the Iraqi Federal Civil Code and its applicability to agreements relating to construction projects are explored. The article provides a lucid description of the structure of the Code setting out the essential issues that relate to a construction contract. Mr. Al-Saadoon goes on to explore a whole range of legal issues that generally arise in construction agreements, including general contract law as well as an analysis of issues of particular relevance to the construction industry, such as defects, delay, payment and liquidated damages, to name but a few. The article establishes awareness that the provisions of the Code are not wholly dissimilar to the provisions found in commercial, and in particular, construction contracts used internationally. The Code has formed the template for other Civil Codes in Middle Eastern jurisdictions such as the United Arab Emirates.