A PROPOSAL FOR OMNIBUS LEGAL REFORM OF SAUDI CONSTRUCTION PRACTICES TO MEET ECONOMIC DEVELOPMENT GOALS IN SAUDI ARABIA: AN INITIATIVE FOR LEGISLATIVE REFORM TOWARDS EFFECTIVE AND CODIFIED JUDICIAL REMEDIES, COMPATIBLE WITH SHARIA LAW AND ALIGNED WITH SAUDI ARABIA’S VISION 2030

Abstract

Saudi Arabia, and the Gulf countries more generally, have been directly affected by the various crises that have led oil prices to plummet since 2015. As a result, Saudi Arabia has adopted a plan — Vision 2030 — to diversify its government income sources, which were largely dependent on oil and its derivatives. One of the most significant objectives of Vision 2030 is the development of tourism, entertainment, and infrastructure, by initiating and privatizing enormous construction projects to attract foreign and local investors. However, witnessing the challenges in the current legal and judicial systems governing construction activities, suggests that legislation and the judiciary need more refinement and advancement. Unpredictability, inconsistency, and non-transparency are the result of the absence of a comprehensive codified law governing construction contracts; yet, the adoption of a codified construction law, inspired by and derived from the Islamic law and its jurisprudence, could likely address and mitigate these legal issues. Most importantly, enhancement of the under-developed remedies and rules can encourage fairer and more just contemporary remedies and concepts that are popular in international construction contracts and the legal systems of more developed countries. Compliant with Sharia ii law and harmonious with Vision 2030, legal and judicial reform related to construction contracts would likely attract investments and contribute to the growth and progression of Saudi Arabia.