التعويض عن الضرر الناجم في المقاولات فيما يخص الضمان العشري في القانون الأردني Compensation for Damage Caused by Contracting in Respect the Ten-Year Warranty in Jordanian Law

نوع المستند : المقالة الأصلية

المؤلفون

1 Applied Sciences University - Kingdom of Bahrain.

2 Applied Sciences University - Kingdom of Bahrain

المستخلص

This research tackled the responsibility of the contractor and the engineer for the durability of
the building after it was completed and handed over to the employer. The importance of this subject has
been revealed in several ways, such as protecting the employer who is not expert in building matters
from the defects that may occur on construction after completion and delivery, the importance of this
issue also appears to be in preserving the public interest in the maintenance of the buildings and fixed
structures.
The Jordanian legislator has set out the special liability provisions for the contractor and the engineer in
civil law articles (788,789,790). It has been noted that the Jordanian legislator has made the
responsibility for the contractor and the architect who sets the architectural design only.
Thus, the legislator has limited the scope of the special responsibility and limited it to the contractor and
the architect, although the architectural process alternates more than the engineer of different
disciplines, and these are associated with the employer contract contract was to involve them in private
responsibility to protect the interests of the employer and public interests.
It is worth mentioning that the civil engineer has a major role in the process of implementation and
supervision of the work, and therefore it is necessary to amend the text (788/1) Jordanian civilian to
expand the scope of special responsibility to include all the engineers engaged in the process of
construction. Therefore, the study was divided into two sections. The first dealt with the scope of the
ten-year guarantee in the construction contract in terms of the persons responsible and the duration
thereof, while the second dealt with the claim of guarantee and proof.

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