Unlocking the Power of Article 720 is a practical construction law guide that explains how contractors can use the 41 Islamic Legal Maxims codified under Article 720 of Saudi Arabia's Civil Transactions Law (2023) to protect themselves against unfair contract terms and excessive risk transfer.
The book's central message is simple:
For the first time, contractors in Saudi Arabia have statutory legal tools that may be used to challenge unfair contractual provisions, even where those provisions were freely agreed and signed.
The book begins by explaining the relationship between Statutory Law, Contract Law, Common Law, Civil Law, and Sharia Law, before introducing the 41 codified legal maxims now recognised as binding law under Article 720. It then examines each of the 41 Rules individually, explaining what the Rule means, when it applies, exceptions, practical construction examples, and how it can be used in claims and disputes.
What's Inside
- How to improve negotiating strength
- How to reduce contractual exposure
- How to support claims
- How to challenge unfair contract clauses
- How to prevent disputes before they arise
- How to improve project profitability
Particular attention is given to Rules relating to:
- Intention over form
- Industry custom and practice
- Certainty versus doubt
- Prevention of harm
- Hardship and relief
- Fair interpretation of contracts
- Protection against unjust conduct
Common onerous amendments addressed:
- Pay-if-paid clauses
- Unfair risk transfer
- Excessive liquidated damages
- One-sided termination rights
- Waivers of claims
- Unreasonable indemnities
Who Should Read
- Contractors
- Contract Managers
- Quantity Surveyors
- Project Managers
- Claims Consultants
- Construction Lawyers working in Saudi Arabia