أحكام العقود الهندسية وأثرها دراسة تطبيقية في عقود الإنشاءات

Abstract

The study dealt with the provisions of engineering contracts and their impact. An applied studies in construction contracts where the problem of study represented in the fact that the Sudanese legislator did not deal with the provisions of engineering contracts in details since the legislator did not know the engineering contract and its types as well as contracting methods in engineering projects and types of engineering specifications, the legislator also did not specify the powers and obligations of the engineer in the engineering contract. The Sudanese legislator also did not specify the type of contracts, types and importance of the contracts in the construction with the economic development in modern times and also the extent of their obligation as international model contracts and may be amended according to the law of the country if used locally. The study aimed to define the engineering contract and its contents. It also aimed to know the methods of contracting in engineering projects and the importance of security in the stage of concluding engineering contracts in addition to the importance of FIDIC. In this study we mentioned the FIDIC types and talked about the white book and the red, silver and gold books. Also the study aimed at defining the obligations and rights of the parties to the engineering contract and clarifying the role of the consultant engineer, the employer and the contractor. The study reached several results, the most important of which is that the engineering contract is of a special nature. It is a document of written agreement between the parties to the contract to implement a certain engineering project in the engineering contracts of the second party and the contractor and symbolizes it with the first party. Accordingly, the contract clarifies the rights and obligations of each party towards the other. The most important thing that was recommended by the Sudanese legislator is to define the engineering contract as a high contract (the contract is a contract that carries several contracts for multi-parties and is considered a consensual contract, a contract of a very special nature where the technical aspect is more than the legal aspect) .The most important thing recommended by the study of the Sudanese legislator to develop texts addressed FIDIC contracts and their importance and types, and the most important recommended by the study to study the engineering contracts in universities and the higher diploma and the Master, because of its importance in contemporary life.