IDEAS home Printed from https://ideas.repec.org/a/bjz/ajisjr/2548.html
   My bibliography  Save this article

The Ten-Year Guarantee of the Contractor and the Engineer on Ensuring the Durability of the Building in the System of Applying the Saudi Building Code: A Comparative Study

Author

Listed:
  • Nasser Jameel Al-Shamayleh

Abstract

This study aims to clarify the personal civil liability of the contractor and engineer for the damage and demolition in buildings and facilities and the defects that may appear during the warranty period. The general rules in civil liability were not sufficient in construction and building. During a warrant on the building, the negative result may appear as complete or partial demolition or defects that threaten its safety and durability. This changes the purpose for which it was established, whether in the national economy or compromising public security and public tranquillity. This also varies from a threat to individuals and their money. This pushed the legislators, including the Saudi regulator, to decide on a set of exceptional guarantees characterized by strictness consistent with the tragedies resulting from the collapse of buildings in whole or in part, from multiple aspects and effects. The most important of these guarantees is the decimal responsibility or the decimal guarantee that the Saudi regulator has imposed in Article (8) of the Saudi Building Code application system and clarified by Article (29) of the Executive Regulations for the Saudi Building Code Application System. We have adopted in the research: the descriptive, analytical, and comparative approach of the relevant texts in the system of application of the Saudi building code on which the study is focused, which is the case of the responsibility of the contractor and the engineer, for any demolition or defect in the construction after the issuance of the occupancy certificate, compared to some Arab legislation, which is the Egyptian Jordanian and Bahraini. This study discusses the nature of the decimal guarantee and its duration. Then, we focus on the provisions of the decimal guarantee. The study recommended that the Saudi regulator stipulates the warranty claim against the contractor and engineer. The lawsuit occurs after three years have passed since the demolition occurred or the defect was discovered, contrary to what was mentioned in the Saudi Civil Transactions System, which requires ten years to pass, because the ten-year liability is a private liability. The solidarity between the contractor and the engineer should not be limited to joint liability but should extend to include solidarity in the guarantee.

Suggested Citation

  • Nasser Jameel Al-Shamayleh, 2024. "The Ten-Year Guarantee of the Contractor and the Engineer on Ensuring the Durability of the Building in the System of Applying the Saudi Building Code: A Comparative Study," Academic Journal of Interdisciplinary Studies, Richtmann Publishing Ltd, vol. 13, March.
    • Handle: RePEc:bjz:ajisjr:2548
    DOI: https://doi.org/10.36941/ajis-2024-0037
    as

    Download full text from publisher

    File URL: https://www.richtmann.org/journal/index.php/ajis/article/view/13695
    Download Restriction: no
    File URL: https://www.richtmann.org/journal/index.php/ajis/article/view/13695/13253
    Download Restriction: no
    File URL: https://libkey.io/https://doi.org/10.36941/ajis-2024-0037?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Taleb, Hanan M. & Sharples, Steve, 2011. "Developing sustainable residential buildings in Saudi Arabia: A case study," Applied Energy, Elsevier, vol. 88(1), pages 383-391, January.
    2. Firuzan Yasamis & David Arditi & Jamshid Mohammadi, 2002. "Assessing contractor quality performance," Construction Management and Economics, Taylor & Francis Journals, vol. 20(3), pages 211-223.
    3. Bassem Jamoussi & Asad Abu-Rizaiza & Ali AL-Haij, 2022. "Sustainable Building Standards, Codes and Certification Systems: The Status Quo and Future Directions in Saudi Arabia," Sustainability, MDPI, vol. 14(16), pages 1-24, August.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Abdullah Alodah, 2023. "Towards Sustainable Water Resources Management Considering Climate Change in the Case of Saudi Arabia," Sustainability, MDPI, vol. 15(20), pages 1-29, October.
    2. Abdul Rahman & Yazan Alzubi, 2015. "Exploring Key Contractor Factors Influencing Client Satisfaction Level in Dealing with Construction Project: an Empirical Study in Jordan," International Journal of Academic Research in Business and Social Sciences, Human Resource Management Academic Research Society, International Journal of Academic Research in Business and Social Sciences, vol. 5(12), pages 109-126, December.
    3. Alyami, Saleh. H. & Rezgui, Yacine & Kwan, Alan, 2013. "Developing sustainable building assessment scheme for Saudi Arabia: Delphi consultation approach," Renewable and Sustainable Energy Reviews, Elsevier, vol. 27(C), pages 43-54.
    4. Mohammad S. M. Almulhim & Dexter V. L. Hunt & Chris D. F. Rogers, 2020. "A Resilience and Environmentally Sustainable Assessment Framework (RESAF) for Domestic Building Materials in Saudi Arabia," Sustainability, MDPI, vol. 12(8), pages 1-24, April.
    5. Wahhaj Ahmed & Ayman Alazazmeh & Muhammad Asif, 2022. "Energy and Water Saving Potential in Commercial Buildings: A Retrofit Case Study," Sustainability, MDPI, vol. 15(1), pages 1-17, December.
    6. Mohammed Awad Abuhussain & Nedhal Al-Tamimi & Badr S. Alotaibi & Manoj Kumar Singh & Sanjay Kumar & Rana Elnaklah, 2022. "Impact of Courtyard Concept on Energy Efficiency and Home Privacy in Saudi Arabia," Energies, MDPI, vol. 15(15), pages 1-18, August.
    7. Ahmed, Wahhaj & Asif, Muhammad, 2021. "A critical review of energy retrofitting trends in residential buildings with particular focus on the GCC countries," Renewable and Sustainable Energy Reviews, Elsevier, vol. 144(C).
    8. Areej A. Malibari & Daniyal Alghazzawi & Maha M. A. Lashin, 2021. "Coalition Formation among the Cooperative Agents for Efficient Energy Consumption," Sustainability, MDPI, vol. 13(15), pages 1-18, August.
    9. Marian Ahmed & DN Ayesha Mushtaq, 2019. "To Study Relationships Between Men and It’s Environments by Enlivening Bedouins Heritage in Modern Dubai," Current Research in Diabetes & Obesity Journal, Juniper Publishers Inc., vol. 12(3), pages 49-63, October.
    10. Aldossary, Naief A. & Rezgui, Yacine & Kwan, Alan, 2015. "Consensus-based low carbon domestic design framework for sustainable homes," Renewable and Sustainable Energy Reviews, Elsevier, vol. 51(C), pages 417-432.
    11. Mansouri, Noura Y. & Crookes, Roy J. & Korakianitis, Theodosios, 2013. "A projection of energy consumption and carbon dioxide emissions in the electricity sector for Saudi Arabia: The case for carbon capture and storage and solar photovoltaics," Energy Policy, Elsevier, vol. 63(C), pages 681-695.
    12. Guang-Xin Gao, 2018. "Sustainable Winner Determination for Public-Private Partnership Infrastructure Projects in Multi-Attribute Reverse Auctions," Sustainability, MDPI, vol. 10(11), pages 1-20, November.
    13. Abdul Mujeebu, Muhammad & Alshamrani, Othman Subhi, 2016. "Prospects of energy conservation and management in buildings – The Saudi Arabian scenario versus global trends," Renewable and Sustainable Energy Reviews, Elsevier, vol. 58(C), pages 1647-1663.
    14. Olofsson, Thomas & Mahlia, T.M.I., 2012. "Modeling and simulation of the energy use in an occupied residential building in cold climate," Applied Energy, Elsevier, vol. 91(1), pages 432-438.
    15. Amir A. Imam & Yusuf A. Al-Turki & Sreerama Kumar R., 2019. "Techno-Economic Feasibility Assessment of Grid-Connected PV Systems for Residential Buildings in Saudi Arabia—A Case Study," Sustainability, MDPI, vol. 12(1), pages 1-25, December.
    16. Chan, A.L.S., 2012. "Effect of adjacent shading on the thermal performance of residential buildings in a subtropical region," Applied Energy, Elsevier, vol. 92(C), pages 516-522.
    17. Sergio Gómez Melgar & Miguel Ángel Martínez Bohórquez & José Manuel Andújar Márquez, 2018. "uhuMEB: Design, Construction, and Management Methodology of Minimum Energy Buildings in Subtropical Climates," Energies, MDPI, vol. 11(10), pages 1-34, October.
    18. Moncef Krarti, 2019. "Evaluation of Energy Efficiency Potential for the Building Sector in the Arab Region," Energies, MDPI, vol. 12(22), pages 1-45, November.
    19. Min-Ren Yan, 2015. "Project-Based Market Competition and Policy Implications for Sustainable Developments in Building and Construction Sectors," Sustainability, MDPI, vol. 7(11), pages 1-26, November.
    20. Ali Alhaij & Bassem Jamoussi & Asad Abu-Rizaiza, 2023. "The Development of a Life-Cycle-Based Sustainability Index That Incorporates Patient-Centredness for Assessing and Reporting the Sustainability of Healthcare Buildings in Saudi Arabia," Sustainability, MDPI, vol. 15(7), pages 1-17, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bjz:ajisjr:2548. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Richtmann Publishing Ltd (email available below). General contact details of provider: https://www.richtmann.org/journal/index.php/ajis .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.