Civil Transactions Law (contracts dated before 1 June 2026) · Federal Law 5 of 1985
Article 882
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This law is repealed.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
Any agreement the purport of which is to exempt the contractor or the architect from liability, or to limit such liability, shall be void.
Official translation, as published by the portal.
Official Arabic text
يقع باطلاً كل شرط يقصد به إعفاء المقاول أو المهندس من الضمان أو الحد منه.
What it means when you sign
This article makes void any agreement whose purpose is to exempt the contractor or the architect from liability, or to limit that liability. It is a short rule that applies to both roles.
When you are about to sign a construction or works contract, this article means that a clause that excuses the contractor or the architect from their responsibility, or caps it, may be void. That includes wording such as a disclaimer of responsibility for defects, a cap on the amount payable for faulty work, or a statement that the employer accepts the work with no claims. The article refers to the responsibility these two parties carry under the rules for such contracts, so the clauses to look at are those on liability, limitation of liability, defects, indemnity and waiver. The title of a clause does not change this: wording that has the effect of exempting or limiting the responsibility is what the article describes.
In Fahm reports this article usually sits under: Risky commercial terms
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 881This article deals with an architect whose work is limited to making the plans and does not include supervising how they are carried out.