Civil Transactions Law (contracts dated before 1 June 2026) · Federal Law 5 of 1985
Article 877
Section 3: Contracts of work > Chapter One: Muqawala (contract to make a thing or to perform a task) > Part 2: Effects of a muqawala > 1- Obligations of the contractor
This law is repealed. The article applies to contracts dated before 1 June 2026; later contracts fall under the 2025 Civil Transactions Law.
English translation
The contractor must complete the work in accordance with the conditions of the contract. If it appears that he is carrying out what he has undertaken to do in a defective manner or in a manner in breach of the agreed conditions, the employer may require that the contract be terminated immediately if it is impossible to make good the work, but if it is possible to make good the work it shall be permissible for the employer to require the contractor to abide by the conditions of the contract and to repair the work within a reasonable period. If such period expires without the reparation being performed, the employer may apply to the judge for the cancellation of the contract or for leave to himself to engage another contractor to complete the work at the expense of the first contractor.
Official translation, as published by the portal.
Official Arabic text
يجب على المقاول إنجاز العمل وفقًا لشروط العقد، فإذا تبين أنه يقوم بما تعهد به على وجه معيب أو منافٍ للشروط فيجوز لصاحب العمل أن يطلب فسخ العقد في الحال إذا كان إصلاح العمل غير ممكن وأما إذا كان الإصلاح ممكنًا جاز لصاحب العمل أن يطلب من المقاول أن يلتزم بشروط العقد ويصحح العمل خلال أجل معقول فإذا انقضى الأجل دون إتمام التصحيح جاز لصاحب العمل أن يطلب من القاضي فسخ العقد أو الترخيص له في أن يعهد إلى مقاول آخر بإتمام العمل على نفقة المقاول الأول.
What it means when you sign
This article requires the contractor to complete the work in accordance with the conditions of the contract. If it appears that the contractor is carrying out the work in a defective way or in breach of the agreed conditions, the employer has options. If making good the work is impossible, the employer may require the contract to be terminated immediately. If making good is possible, the employer may require the contractor to follow the conditions and repair the work within a reasonable period. If that period passes without the repair, the employer may ask the judge to cancel the contract, or for permission to engage another contractor to complete the work at the first contractor's expense.
When you are about to sign a contract of this kind, this article means that the employer has a path from repair to termination to replacement of the contractor. Clauses on defects, remedies, notice and cure periods, termination and replacement costs are worth reading against it, as is any wording about what counts as a reasonable period.
In Fahm reports this article usually sits under: Ambiguity and gaps
Related articles
- Article 876This article says who supplies the additional equipment and tools needed to complete a job under a contract to make a thing or perform a task.
- Article 878This article makes the contractor liable for any loss or damage resulting from the contractor's own act or work, whether or not it came about through the contractor's wrongful act or default.
- Article 879This article deals with a contractor who holds property while waiting to be paid.
- Article 880Cited in Fahm reportsThis article covers buildings and other fixed installations where an architect makes the plans and the contractor carries them out under the architect's supervision.
- Article 881This article deals with an architect whose work is limited to making the plans and does not include supervising how they are carried out.
- Article 882Cited in Fahm reportsThis article makes void any agreement whose purpose is to exempt the contractor or the architect from liability, or to limit that liability.