تعارض المصالح في عقد الإشراف على المباني

Abstract EN

Conflict of interests is one of the most prominent influences that breach the contract and may spoil the contractual relationship between the parties to the contract, and since construction contracts are among the most complex contracts and are affected by conflicting interests, the conflict of interest casts its shadow on the building supervision contract, which is one of the important contracts.

And cases of conflict and its legal and jurisprudential effects on the supervision contract.

As for the supervisor, he may achieve financial and moral interests for himself or for those with whom he has a relationship of kinship, friendship or work, these interests may be achieved through the work team or through suppliers, and they violate his contractual relationship with the owner, as a conflict may occur due to crowding of business with him, which leads to default.

In carrying out his supervisory duties, In addition, the owner may achieve financial or moral interests at the expense of the supervisor, whether these interests are for him or for whom he has a relationship of kinship, friendship or work, and this leads to harm to the interest of the supervisor, as well as the conflict may arise due to the competition of business on the owner and shorten his contractual relationship with the supervisor, and I have shown the contradictions occurring from all this, as I have shown the legal and jurisprudential impact of all kinds of conflict, whether on the one hand of the supervisor or on the part of the owner, then a balance was drawn between the legal effects and the jurisprudential effects, and it was found that the system and jurisprudence are complementary in this field.

Especially since this type of new contract that the system regulated with controls that take into account the requirements of time, place and type of work, then sealed that with the most important findings and recommendations.