Contractor's and Architect's Responsibility for Final Delivery in the Construction Contract according to Palestinian Law: A Comparative Study

Abstract

This study examines the contractor's responsibility upon final delivery of construction works in a contract, as a crucial legal stage that establishes the transfer of possession and the commencement of warranties, especially the ten-year warranty. The research focuses on the Palestinian legal system, reviewing relevant texts in the Civil Code Journal, the Civil Violations Law of 1944 and its amendments, the Public Procurement Decree of 2014, and the Standard Document for Works Contracts, while making comparisons with Jordanian and French laws and FIDIC contract clauses. The study addresses the concept of final delivery and its types, clarifying that it is not merely a physical procedure, but a legal act with a direct effect on transferring the mortal consequences, terminating the contractor's responsibility for apparent flaws, and initiating their responsibility for hidden flaws. The study discusses the concept of delivery as the stage at which responsibility for the works is transferred from the contractor to the employer, defining its role in concluding execution and initiating warranties. It also reviews delivery types, such as preliminary and final delivery, explaining their importance in both practical and legal contexts. The research also analyzes the legal nature of the contractor's and engineer's responsibility. Reviewing the three jurisprudential approaches — contractual, legal, and negligence — the study concluded that professional shortcomings are legal responsibility of public order, which cannot be limited or waived by agreement. It is based on joint liability between the contractor and the engineer in the event of construction collapse or serious defect. The study highlights the advanced role of the Civil Violations Law in force in the Palestinian territories, particularly concerning negligence, fault, and non-material damage, and its consistency with the guarantees stipulated in French and Jordanian laws. The study concluded with recommendations calling for the modernization of the Palestinian legal framework through the issuance of a unified law regulating the provisions of final delivery and the ten-year warranty, mandating compulsory insurance, and enhancing the confidence of the parties to the construction contract in the legal system in a way that would achieve justice and prevent future disputes in construction contracts.