The Incompatibility Between The Egyptian Civil Code and FIDIC (CONS) in Addressing Changes in Construction Contract
Saadallah, M., Alsmaduny, A., Tantawy, M. (2025). The Incompatibility Between The Egyptian Civil Code and FIDIC (CONS) in Addressing Changes in Construction Contract. EKB Journal Management System, 184(2), 90-105. doi: 10.21608/erj.2025.331174.1125
Monica F Saadallah; Adel Alsmaduny; Mohamed Tantawy. "The Incompatibility Between The Egyptian Civil Code and FIDIC (CONS) in Addressing Changes in Construction Contract". EKB Journal Management System, 184, 2, 2025, 90-105. doi: 10.21608/erj.2025.331174.1125
Saadallah, M., Alsmaduny, A., Tantawy, M. (2025). 'The Incompatibility Between The Egyptian Civil Code and FIDIC (CONS) in Addressing Changes in Construction Contract', EKB Journal Management System, 184(2), pp. 90-105. doi: 10.21608/erj.2025.331174.1125
Saadallah, M., Alsmaduny, A., Tantawy, M. The Incompatibility Between The Egyptian Civil Code and FIDIC (CONS) in Addressing Changes in Construction Contract. EKB Journal Management System, 2025; 184(2): 90-105. doi: 10.21608/erj.2025.331174.1125

The Incompatibility Between The Egyptian Civil Code and FIDIC (CONS) in Addressing Changes in Construction Contract

Engineering Research Journal
Volume 184, Issue 2, March 2025, Page 90-105  XML PDF (244.18 K)
Document Type: Original Article
DOI: 10.21608/erj.2025.331174.1125
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Authors
Monica F Saadallah email orcid 1; Adel Alsmaduny1; Mohamed Tantawyorcid 2
1Department of Civil Engineering, Faculty of Engineering- Mataria, Helwan University, Cairo, Egypt
2Department of Civil Engineering, Faculty of Engineering -Mataria, Helwan University, Cairo, Egypt
Abstract
The construction industry in Egypt frequently employs the standard conditions of contract published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC), grounded in common law principles. However, the governing legal framework in Egypt is the Egyptian Civil Code (ECC), which draws its roots from French civil law and Shari'a law. This incon-gruence raises questions about the compatibility and interpretation of FIDIC provisions with-in the Egyptian legal context. This paper uses the doctrinal research method to examine the FIDIC Conditions of Contract for Construction (commonly known as FIDIC (CONS)) in the context of the ECC, with a particular focus on Article 657, which deals with managing risks related to quantity variations. The analysis highlights similarities and differences between FIDIC (CONS) and the ECC, especially in their approach to managing risks related to un-foreseeable physical conditions and design errors. The paper concludes that Article 657 of the ECC does not deviate from the principles of a unit price contract, as it does not apply to quantity increases caused by an inaccurate bill of quantities but is applicable in cases of un-foreseen occurrences. However, the ECC is observed to be less accommodating toward con tractors in the event of unforeseen occurrences.
Keywords
Article 657 of the ECC; Variation in quantity; Unforeseeable physical conditions; Design error
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