"The effects of the adoption of the civil constructionsContract (FIDIC) 1999 , as a source of legal regulation of the relationship of the parties in Palestine

Because the construction industry has become one of the most industries widespread in the world , and needs time , effort , manpower and costs ; it must have a legal organization that keeps up with this change and take into a count the practical considerations of this business that are complex and the need for outstanding administration .As a result , FIDIC Organization of Consulting Engineers has put rules in the form of ideal contracts organizing parties with each other professionally and legally to form self-sufficiency in ordering the verdicts and is working to achieve a balance between parties (contractor , the employer and the engineer) among their rights and obligations . The engineer is considered a part of the contracts which have given him a pivotal role in all aspects. The construction contract FIDIC 1999 ( Red Book ) is considered the most important of these contracts that came in the FIDIC Organization , and has been taken by many countries , as approved by the Palestinian government in 2006 due to the urgent need for it , as the project of Palestinian civil law has not approved yet . The provisions and judicial journal deals with the construction contracts in a manner different from that stated in the modern legal systems , and this in the form of the engagement of workmanship and employee , and the civil law which stipulates that the provision of a contract and what is a new variable in the construction industry they had to fill the gap through taking the FIDIC contract that private of construction works , where approved by many countries and said it fit with it's special legislative conditions and legal situation, The Palestinian Government had done it and said the so-called Palestinian own models and conditions , as these conditions must be read in conjunction with the general conditions , and in the event of conflict offering special condition .The researcher has explained the effect of the adoption of contracting construction contract FIDIC 1999 on it's own public and private terms by the parties in Palestine in order to regulate the contractual relationship , where he was preparing the ground for this study through a number of related concepts , specifically the concept of organization and FIDIC contract in Palestine and engineering contracts , because of their importance in understanding the contract research topic. The researcher also has explained the obligations of the parties and that starts from the preparatory phase to the implementation phase to the delivery of works , where it was the obligations of each part to the contract must be brought by him to do it . The researcher spelled out all the details with the researcher compared sometimes with what came in the civil laws on construction contracts (FIDIC) contract was organized with it's general and special terms the issue change orders that are considered some of the scholars of innovative legal rules , where the researcher has made a statement all problems that came within it's provisions . This and the theory of physical and the unexpected difficulties , consider one of modern theories in the field of law , which came out the contract , the where the researcher explaine rulings and it's impact on parties obligations. The contract organing to the force majeure provisions also considers from the things that has characterized as adressed in a manner different from what is the case of civil laws on force majeure , which illustrated the researcer with the comparison In conclusion , the researcher explained the most important results that have been reached and pointed to a set of recommendations which could have been acceptable to those in charge of the legislation in Palestine , specially the Palestinian Civil Law Project has yet to acknowledge . There are also other cases , the employer has the right to end the work under them, and the other is entitled to the contractor because of termination before the end of the work , where the researcher explained these situations and conditions achieved . The disputes and ways of solving them have addressed the twentieth and last chapter of the contract , when he referred to dispute resolution board and amicable settlement and arbitration as ways to settle this dispute , which was discussed by the researcher to clarify the privacy of this disputes and the solution privacy ways .Based on this , the researcher has explained all the general provisions of the contract on it's own general and special terms , so that a comprehensive study constitute a ground for other specialized studies tightly unified contracting FIDIC 1999 contract.