Civil Transactions Law (contracts dated before 1 June 2026) · Federal Law 5 of 1985
Article 881
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This law is repealed.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
If the work of the architect is restricted to making the plans to the exclusion of supervising the execution, he shall be liable only for defects in the plans.
Official translation, as published by the portal.
Official Arabic text
إذا اقتصر عمل المهندس على وضع التصميم دون الإشراف على التنفيذ كان مسؤولاً فقط عن عيوب التصميم.
What it means when you sign
This article deals with an architect whose work is limited to making the plans and does not include supervising how they are carried out. In that case, the architect is liable only for defects in the plans.
When you are about to sign a contract with an architect or designer, this article means that the scope of the architect's role affects the scope of their liability. An architect who only prepares the design is answerable for defects in the design, and not for problems arising from how the work was built when no supervision was part of the role. A contract that describes the architect's duties as design only, or one that adds supervision of execution, changes where responsibility sits. The points to look at are the description of services, whether supervision is included, and any wording that gives the architect responsibility for the execution of the work. It is worth checking that the services listed match the role the parties actually intend.
Not yet cited in a Fahm report; shown because it sits in the same chapter as one that is.
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 877Cited in Fahm reportsThis article requires the contractor to complete the work in accordance with the conditions of the contract.
- 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 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.