Legal Allocation of Design and Construction Risks in Public–Private Partnership Projects: A Comparative Study of the United Arab Emirates, Egypt, and France [version 1; peer review: 2 approved]
- 1College of Law, United Arab Emirates University, AL AIN, United Arab Emirates
Abstract
Background Public–private partnership (PPP) projects are a principal instrument for delivering infrastructure and public facilities. They combine the private sector’s financing, technical expertise, and operational capabilities with the public entity’s responsibility for ensuring the continuity of public services and the realization of the public interest. The success of these projects depends largely on the precise legal allocation of design and construction risks. Defects may arise from site data, technical requirements, or permits under the control of the public entity. They may also result from detailed design, construction methods, or the performance of subcontractors under the control of the private partner. This distinction assumes particular importance because the effects of a defect may extend from the construction phase to the operation and maintenance phases, leading to delays, increased costs, diminished service levels, and the emergence of claims and disputes. Methods The study adopts a comparative analytical approach to design and construction risks in PPP projects. It analyzes legislation, judicial decisions, and scholarly opinions in the United Arab Emirates, Egypt, and France. Results The comparison demonstrated a common rule across the United Arab Emirates, Egypt, and France: risk is linked to the party best equipped to foresee and control it, and address its consequences, rather than simply to the party executing the physical works. The findings reveal that the public entity inherently bears the risks of information and decisions under its control. Notably, these include inaccurate site data or existing assets, delayed land handover or utility provision, permits and approvals within its jurisdiction, and modifications imposed on the project’s scope or service levels. Conversely, the private partner bears the risks of detailed design, selection of technology, materials, and execution methods, subcontractor performance, and the achievement of agreed-upon quality, safety, and availability standards.
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BibTeX
@article{abouahmed2026legal,
title = {{Legal Allocation of Design and Construction Risks in Public–Private Partnership Projects: A Comparative Study of the United Arab Emirates, Egypt, and France [version 1; peer review: 2 approved]}},
author = {Alaa Abouahmed and Nout Alahbabi and Alia Alraeesi},
journal = {F1000Research},
year = {2026},
month = oct,
doi = {10.12688/f1000research.192125.1},
url = {https://doi.org/10.12688/f1000research.192125.1},
note = {CC BY 4.0},
}
RIS
TY - JOUR
TI - Legal Allocation of Design and Construction Risks in Public–Private Partnership Projects: A Comparative Study of the United Arab Emirates, Egypt, and France [version 1; peer review: 2 approved]
AU - Alaa Abouahmed
AU - Nout Alahbabi
AU - Alia Alraeesi
PY - 2026
DA - 2026/10/01
JO - F1000Research
DO - 10.12688/f1000research.192125.1
UR - https://doi.org/10.12688/f1000research.192125.1
AB - Background Public–private partnership (PPP) projects are a principal instrument for delivering infrastructure and public facilities. They combine the private sector’s financing, technical expertise, and operational capabilities with the public entity’s responsibility for ensuring the continuity of public services and the realization of the public interest. The success of these projects depends largely on the precise legal allocation of design and construction risks. Defects may arise from site data, technical requirements, or permits under the control of the public entity. They may also result from detailed design, construction methods, or the performance of subcontractors under the control of the private partner. This distinction assumes particular importance because the effects of a defect may extend from the construction phase to the operation and maintenance phases, leading to delays, increased costs, diminished service levels, and the emergence of claims and disputes. Methods The study adopts a comparative analytical approach to design and construction risks in PPP projects. It analyzes legislation, judicial decisions, and scholarly opinions in the United Arab Emirates, Egypt, and France. Results The comparison demonstrated a common rule across the United Arab Emirates, Egypt, and France: risk is linked to the party best equipped to foresee and control it, and address its consequences, rather than simply to the party executing the physical works. The findings reveal that the public entity inherently bears the risks of information and decisions under its control. Notably, these include inaccurate site data or existing assets, delayed land handover or utility provision, permits and approvals within its jurisdiction, and modifications imposed on the project’s scope or service levels. Conversely, the private partner bears the risks of detailed design, selection of technology, materials, and execution methods, subcontractor performance, and the achievement of agreed-upon quality, safety, and availability standards.
SN - 2046-1402
ER -