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Licensing and Building Claims

Licensing and Building Claims

Licensing Legislation

In United Arab Emirates each State of Emirates has legislation providing for licensing of some categories of contractors. The legislation in each emirate is completely efferent. It is beyond the scope of this article to examine the differences. That would be an enormous task.

However, there are some uniform common law principles. This article considers the effect which licensing legislation may have on a contractor who wants to make a claim with respect to building work covered by licensing provisions. There are three aspects, namely, the effect of a ban o carrying out work without a license, the effect of contracting without a license and the effect of bars on recovery of recompense for work done in contravention of the legislation.

Contracting without a License

The first step in licensing legislation is to provide for the issue of licenses to individuals or corporations or both for certain types of work. The next step is to ban unlicensed persons from contracting to carry out that type of work.

UAE law clearly stated that no work shall be carried out without a license, and the Builder or the contracting company must be registered and have a valid Trade License issued by the government and approved by the Municipality.



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