Privity of contract – Construction Law

Order Description

The rule that the benefits of contracts are restricted to the contracting parties to the exclusion of others (‘privity of contract’) is a fundamental principle under both UAE and English laws. However, the privity principle may raise a number of legal issues in construction relations. For example, can the subcontractor sue the owner for the price? Can the owner sue the subcontractor for defective performance? Can subsequent owners sue the contractor and subcontractor for defective performance? Will the architect be liable to subsequent owners for defective designers? Discuss the aforementioned issues in the context of UAE and English laws.