Fatima Al Naimi Law Firm

Decennial Liability: The 10-Year Guarantee in Construction Projects

Real Estate Law

Decennial Liability: The 10-Year Guarantee in Construction Projects

Guaranteeing Building Safety

Due to the danger construction work poses to public safety, the Qatari Civil Code (Articles 711-715) imposes a strict guarantee known as “Decennial Liability.”

Who is Liable?

Liability falls jointly on the Engineer (Designer and Supervisor) and the Contractor. They guarantee any total or partial collapse occurring in the building for 10 years from the date of final delivery. They also guarantee defects that threaten the stability and safety of the structure.

Public Order

This liability is a matter of public order, meaning any clause in the contract attempting to exempt the contractor or engineer from this guarantee is null and void. Even if the owner agreed to build in a defective manner, this does not absolve the contractor of liability because they have a duty to refuse technically unsound instructions.

Limitation Period

A lawsuit regarding this guarantee must be filed within 3 years of the collapse or discovery of the defect. Missing this deadline may result in the forfeiture of the right to claim.