Civil Liability in Construction Contracts and Compensation Practices in Iranian Law with an Emphasis on British Law

Abstract

The huge volume of construction activity in our country, is done in compliance with the Treaty and the general condition of Treaty. Although there is no legal requirement but even in private sector activities, these conditions are considered because total material of general conditions of Treaty is largely justifying the employer. Civil liability and contracts in construction contracts can help to a large extent. The subject of this study is to find an answer for the question which what is the basic difference between Iranian and British laws on compensation practices in construction contracts? And also what's the difference between compensation basic conditions in construction contracts in Iran and Britain law? In Iranian law, compensation practices in construction contracts is implementation of the same commitment in the first place and the compensation is in case that it is explicitly foreseen in the contract; while compensation is existed in the British legal system compensation practices in construction contracts; While compensation is existed in the British legal system compensation practices of construction contracts and there is not a concept as implementation of the same commitment as one of the compensation practices. Compensation may be stipulated in the contract in the Iran's law or customs or law requires compensation, in British law also, compensation does not require to be stipulated in the contract.