414238

The Incompatibility Between The Egyptian Civil Code and FIDIC (CONS) in Addressing Changes in Construction Contract

Article

Last updated: 09 Mar 2025

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Tags

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Abstract

The construction industry in Egypt frequently employs the standard conditions of contract published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC), grounded in common law principles. However, the governing legal framework in Egypt is the Egyptian Civil Code (ECC), which draws its roots from French civil law and Shari'a law. This incon-gruence raises questions about the compatibility and interpretation of FIDIC provisions with-in the Egyptian legal context. This paper uses the doctrinal research method to examine the FIDIC Conditions of Contract for Construction (commonly known as FIDIC (CONS)) in the context of the ECC, with a particular focus on Article 657, which deals with managing risks related to quantity variations. The analysis highlights similarities and differences between FIDIC (CONS) and the ECC, especially in their approach to managing risks related to un-foreseeable physical conditions and design errors. The paper concludes that Article 657 of the ECC does not deviate from the principles of a unit price contract, as it does not apply to quantity increases caused by an inaccurate bill of quantities but is applicable in cases of un-foreseen occurrences. However, the ECC is observed to be less accommodating toward con tractors in the event of unforeseen occurrences.

DOI

10.21608/erj.2025.331174.1125

Keywords

Article 657 of the ECC, Variation in quantity, Unforeseeable physical conditions, Design error

Authors

First Name

Monica

Last Name

Saadallah

MiddleName

F

Affiliation

Department of Civil Engineering, Faculty of Engineering- Mataria, Helwan University, Cairo, Egypt

Email

monika-fayez@m-eng.helwan.edu.eg

City

-

Orcid

0009-0002-4657-2103

First Name

Adel

Last Name

Alsmaduny

MiddleName

-

Affiliation

Department of Civil Engineering, Faculty of Engineering- Mataria, Helwan University, Cairo, Egypt

Email

adel_alsmaduny@m-eng.helwan.edu.eg

City

Cairo

Orcid

-

First Name

Mohamed

Last Name

Tantawy

MiddleName

-

Affiliation

Department of Civil Engineering, Faculty of Engineering -Mataria, Helwan University, Cairo, Egypt

Email

mtantawy@m-eng.helwan.edu.eg

City

Cairo

Orcid

0000-0002-7347-2012

Volume

184

Article Issue

2

Related Issue

54116

Issue Date

2025-03-01

Receive Date

2024-10-26

Publish Date

2025-03-01

Page Start

90

Page End

105

Print ISSN

1110-5615

Online ISSN

3062-5408

Link

https://erj.journals.ekb.eg/article_414238.html

Detail API

http://journals.ekb.eg?_action=service&article_code=414238

Order

414,238

Type

Original Article

Type Code

998

Publication Type

Journal

Publication Title

Engineering Research Journal

Publication Link

https://erj.journals.ekb.eg/

MainTitle

The Incompatibility Between The Egyptian Civil Code and FIDIC (CONS) in Addressing Changes in Construction Contract

Details

Type

Article

Created At

09 Mar 2025