0000001128 00000 n Where the arbitral tribunal comprises more than one arbitrator, any decision of the tribunal, known as the “award”, shall, unless otherwise agreed by the parties, be made by a majority of all the members of the tribunal (section 24 (1) of the Arbitration and Conciliation Act). However, section 57 of the FA empowers the Minister of Labour and Productivity to make a regulation which will extend the provisions of the FA on safety and health to works and engineering construction sites. An action that is contentious or likely to be contentious is commenced by way of Writ of Summons, while Originating Summons is used for an action that is not contentious or likely to be contentious (Order 2, Rule 1 of the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2018, and Order 5 of the High Court of Lagos State (Civil Procedure) Rules, 2019). is the second or subsequent owner of a building able to claim against the contractor pursuant to the original construction contracts in relation to defects in the building? It is viewed instead as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church.
%���� <> Parties are free to make a provision for loss occasioned by the breach of the construction contract. A call on such bonds may also be restrained if the guarantor successfully pleads the doctrine of non est factum – meaning that the performance bond was not the deed of the guarantor or never emanated from the latter. 2.2 Are employers free to provide in the contract that they will pay the contractor when they, the employer, have themselves been paid; i.e. Construction contracts in Nigeria do not commonly provide that the employer can terminate at any time and for any reason. To the extent applicable, what forms of collaborative contracts are commonly used? However, any term which would contradict the express terms and character of the contract would not be implied into the contract. As a result, the common law of England, the doctrines of equity as well as statute of general application in force in England as at 1st January 1900 form an essential part of Nigeria’s legal system. 4.6 Where the contract provides for court proceedings in a foreign country, will the judgment of that foreign court be upheld and enforced in your jurisdiction? 1997] INTERNATIONAL LAW IN THE NIGERIAN LEGAL SYSTEM 315 themselves.9 Nigeria is opposed to some ofthese customary rules, not only because she did not participate in their formulation and practices, but also because some of them (discussed below) are contrary to her present and future national interest.
paper intends to make an overview of the nature and sources of the Nigerian legal system and correct a wrong notion that Islamic law is the same with customary law. It is expected that, when the LSHWB, 2012, is signed into law by the President, safety and health considerations as they relate to construction activities will be covered adequately. The procedures are therefore as provided in the said agreements.
However, there are exceptions to the general rule of privity of contract doctrine whereby, under a construction contract, a third party could benefit under the contract. A force majeure clause is included in a contract to excuse the breach of the same as a result of acts that are independent of the will of the parties to the contract. 3.14 On construction and engineering projects in your jurisdiction, how common is the use of direct agreements or collateral warranties (i.e.
Nigerian Legal System VOLUME I Public Law PETER LANG New York • Washington, D.C./Baltimore • Bern frankfurt am Main • Berlin • Brussels • Vienna • Oxford. However, if the employer and the contractors, from the construction contract, agree otherwise, the court will have no option than to give weight to their intention. The Spanish Civil Code reflects a complex mixture of customary, Roman, Napoleonic, local, and modern codified law. 1. To properly situate the obligations or liabilities of the designer in a construction contract, the terms of the contract must be considered. 2.1 Is it common for construction contracts to be supervised on behalf of the employer by a third party (e.g. Nigerian law frowns on self-help or lawlessness in any form. Until the time of his reign, laws customary among England's various manorial and ecclesiastical (church) jurisdictions were administered locally. Are there any restrictions on the nature of such bonds? x�c```c``z�������A�@l�(#3��鴪����:%��s,j>�M�.7��D���|�m�E$Y�X4XT ms� endstream endobj 69 0 obj 83 endobj 59 0 obj << /Type /Page /Parent 58 0 R /MediaBox [ 0 0 422 632 ] /Resources 60 0 R /Contents 62 0 R >> endobj 60 0 obj << /ProcSet [ /PDF /Text /ImageB ] /Font << /F4 65 0 R /F2 66 0 R /F0 67 0 R >> /XObject << /im1 64 0 R >> >> endobj 61 0 obj 612 endobj 62 0 obj << /Length 61 0 R /Filter /FlateDecode >> stream The terms of the construction contract, including the works to be done under the contract and the rights and obligations of the parties to the contract, are stated in the construction contract. Sharia is the most widespread religious legal system (see Islamic Law), and is the sole system of law for countries including Iran, the Maldives, and Saudi Arabia. The legal systems of nearly all countries are generally modeled upon elements of five main types: civil law (including French law, the Napoleonic Code, Roman law, Roman-Dutch law, and Spanish law); common law (including United State law); customary law; mixed or pluralistic law; and religious law (including Islamic law). However, such reliefs are usually refused by the court after the hearing of the substantive suit, especially if there is no merit in the guarantor’s case, which is usually the case. There is no single history of customary law such as that found in Roman civil law, English common law, Islamic law, or the Napoleonic Civil Code. Disputes emanating from construction contracts with regard to breaches of contract or declaratory orders for specific performance are, by the rules of the relevant State High Court, instituted in the High Court of the State where the contract ought to have been performed or where the defendant resides or carries on business. Abuka & Partners, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, It is a very useful guide for everybody who is involved in International Arbitration.Professor Dr. Klaus J. Hopt - Max-Planck-Institut, © 2002-2020 Copyright: ICLG.com | Our Privacy, Professor Dr. Klaus J. Hopt - Max-Planck-Institut.
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