Question

An aluminum fabrication company was involved in a multi billion dinar construction project in Bahrain. Upon construction the fabrications of the company failed. The contracting company involved reported the matter to the client and a case was filed in the court. Upon analysis it was found out that the quality of fabrications were not in conformity with standards. But the final contract was not concluded by the two parties. Can the fabrication company be legally bound under these circumstances(cite and discuss any relevant Bahrain contract law)

Answer 1

Yes ,the fabrication company be legally bound under these circumstances.

Explanation-

The contractor is required to perform the work fully in accordance with the plans and specifications .

Most construction contracts will state these duties explicitly, but even in the absence of specific contract provisions, the law generally implies these duties into every construction contract.

Wrong fabrication method comes under construction defect .

Where a product defect or failure causes a construction defect and that defect causes personal injury or property damage, the product manufacturer will be liable in tort for the resulting harm.

Where a construction defects causes only economic losses such as lost revenue from a project or damages for construction delays caused by the defective product, claimants may seek remedies under the Uniform Commercial Code, which generally allows the owner to seek economic damages from the manufacturer for breach of both express and implied warranties that the product will function as intended.

Construction defects can affect completed projects in ways ranging from poor aesthetics to collapse with tragic human lives loss . When a defect, failure or collapse occurs, the contractors, designers and owner each may be exposed to liability, depending upon how each one carried out its responsibilities during the construction process.