A look into Qatar Construction

Specifications 2014
by: Tony Distin |
31 Mar 2016

Section 1 of QCS 2014 deals with the welfare, safety and protection of workers. The regulation
sets out the minimum requirements for the provision of welfare facilities, in addition to other
minimum health and safety requirements.

Issued as mandatory technical guidance for

minimum acceptable standards to be applied to
public and private sector construction projects in
Qatar, Qatar Construction Specifications (QCS) 2014
completely supersedes QCS 2010 in all respects.
Senior contract specialist, Tony Distin (MRICS) offers
an analysis of key technicalities and legalities of
QCS 2014.

Qatar Construction Specifications, frequently known as

QCS, is a guideline document mandating the minimum
acceptable technical standards to be applied in private and
public sector construction projects. The 2014 edition is an
impressively large document consisting of 311 Parts in 29
Sections, covering the majority of construction-related
activities. With regards to application, Sections 1 (General),
2 (QA/QC) and 11 (Health and Safety) apply to all

construction-related projects. Section 7 titled Green

Building on sustainability applies to projects which include
a design element, while Section 29 is specific to railwayrelated projects. The remaining sections of QCS 2014 are
all, in essence, technical specifications to be applied to the
construction process and will apply if that particular
material/system specified in these sections is employed in
the project.

Changes you need to know

QCS 2014 has provided a major overhaul to QCS 2010

removing duplication and ambiguity, while restructuring
and expanding some of the sections to produce a clearer
and more user-friendly document. In addition, there have
also been amendments to some technical requirements,
especially around design standards and sustainability.

Clearly, it is incumbent on us all to be aware of all of the

changes but to identify the top two, it would be prudent to
consider Sections 2 (QA/QC) and 11 (Health and Safety) to
be the most significant, not only because of the improved
and enhanced requirements but also because of their ever
increasing importance in the industry today.

QCS 2010s Section 1 Part 8 on quality assurance has been

considerably expanded to 15 parts and elevated to Section
2 in QCS 2014, in essence swapping with QCS 2010
Section 2 on building demolition, which in QCS 2014, is now
in Section 1 Part 8 (Building Demolition). Section 2 is very
extensive in its requirements for quality management,
including mandatory minimum standards and references to
key performance indicators, and auditing, etcetera. Part 12
of this section provides a table of unacceptable
performance criteria against which penalties may be
levied, while Part 13 provides the right for the engineer to
instruct suspension at the contractors risk for serious
quality violations.

Section 11 on health and safety (H&S) has been

significantly restructured, not so much in terms of new
requirements, but more in terms of improved clarity and
strengthening the foundations laid by QCS 2010. The said
section is now split into two parts.

Part 1 Regulatory Document contains eight chapters. It

retains the requirement to comply with the Construction
Design Management (CDM) regulations, as adopted from
the United Kingdoms legislation and the table of
recommended unacceptable H&S incidents against which
penalties may be levied. In addition, some of the major
changes include the right for the engineer to suspend
activities for serious H&S violations, minimum
requirements on the provision of welfare facilities and
formal qualifications and experience for safety officers.

Part 2 of Section 11 is titled Safety and Accident

Management/Prevention Administration Systems (SAMAS),
comprising four comprehensive chapters. As its title

suggests, SAMAS provides references to requirements for

H&S, and sets out how these requirements are to be
administered. It also includes process maps, sample
procedures and forms.

With H&S being applicable to all aspects of a construction

project, Section 11 must be read in conjunction with the
other sections of QCS 2014 for an understanding of the
particular H&S standards applicable to each specific
construction process. To aid this, Part 1 of Section 11
contains a summary table providing cross references for
H&S matters relating to the other sections.

In addition to the H&S standards set out in Section 11,

Section 1, Part 10 contains the requirement to prepare a
H&S plan and introduces the requirement to apply
occupational H&S management systems to BS OHSAS
18001 a framework for an occupational health and safety
management system and lays down, amongst other
matters, the requirements and minimum qualifications for

competent persons. In compliance with these

requirements, contractors should appoint a H&S manager,
a deputy H&S manager and a contractors environmental
manager.

QCS within Qatars wider legal framework

QCS 2014 is a technical regulation, which is brought into

effect through compliance with Article 6 of the Environment
Law (#30/2002) by reference in the contract documents.
Technically, it is not a law
in itself.

Section 1, Part 1 of the document strongly suggests that

QCS is not intended to have the force of law, but is rather
intended to establish minimum standards and, in a sense,
holds the employer responsible to make sure these
minimum standards are achieved in construction projects.
Together with the Environmental Law, the intention appears
to be that an employer can require higher, but not lower
technical standards than what is mentioned in QCS 2014.

It is therefore a mandatory document to specify in the

contract documents, as it can only be enforced through the
contract. However, it is prudent to treat QCS 2014 as
establishing mandatory legal requirements, not following
which could leave the project contracting parties greatly
exposed.

Application of QCS on site

The standard way for employers to comply with Article 6 of

the Environment Law (#30/2002) is to incorporate QCS into
their contract documents. However, depending upon the
contractual definition of the word law, QCS may be
deemed as applicable without the necessity to express
reference. For instance, the 1999 standard forms of
contract by the International Federation of Consulting
Engineers (FIDIC) define laws as all national (or state)
legislation, statues, ordinances and other laws, and
regulation and by-laws of any legally constituted public
authority. Article 1.13 states that in performing the
contract, the contractor shall comply with applicable laws.
Therefore, compliance with QCS 2014 is, in this
circumstance, a contractual requirement. This introduces
the QCS requirements as minimum requirements to be
applied to the project, which are consequently applied as
contractual obligations.

A key consideration to keep in mind is that QCS minimum

standards contain a significant degree of overlap with
existing legislation, such as those in labour laws. Therefore,
application of a number of items in QCS 2014 is not only a
contractual obligation but also a legal requirement.

Another point to consider is that failure to adhere to what

are considered minimum standards under QCS 2014
potentially exposes employers to third-party liability claims,
not under the contract but from separate parties, enforcing
rights under the civil jurisdiction. Such rights are those
equivalent to tortuous duty of care that is not to cause
harm. In this respect, the application of QCS minimum
requirements is not just limited to the site operations but
also extend to the operation of the completed facility. This
implies that the exposure to claims may arise well after
construction is completed and the project has been put into
operation.

QCS on workers rights

The subject of workers rights covers a range of issues,

some of which already exist in Qatars existing legislation.

QCS 2014 addresses workers rights by referencing existing

laws, mainly Section 1 which makes express reference in
particular to Labour Law 14/2004, specifically Part 10:
Occupational Health and Safety. In addition to building on
existing law, QCS 2014 further addresses areas where
existing legislation is sparse. For instance, Section 1
paragraph 10.1.11.4 requires contractors to facilitate
contact between project employees and relevant
independent bodies offering social support; paragraph 10.9
sets out requirements for welfare facilities, and paragraph
10.10 sets out requirements for labour accommodation.

Liability for enforcement of these minimum requirements

from a contractual perspective would fall on the following
stakeholders:

1. On the contractor for failing to comply with the

contractually-specified requirements.

2. On the supervising engineer in his role as supervising

the works (Section 11 has expanded to cover off-site
locations including manufacturing premises as well as
labour camps).

3. On labour camp managers and owners as controllers of

premises (deemed to be cognisant).

4. On employers through the CDM obligations contained

within Section 11.

That said, the actual routes for prosecution of some of the

broader reaches are unclear, but due to the overlap with
complementary laws, civil defence and municipalities
would have the right to enforce overlapping requirements
using legal as opposed to contractual remedies.

Consequences of non-compliance

There are at least three potential avenues from which

consequences of non-compliance with QCS 2014 may flow.
First is contractual. The normal contractual remedies will
apply for breach of contract obligation. In addition, both
Sections 2 and 11 provide for the engineer to have the
right to suspend activities at the contractors risk for
serious quality and H&S violations.

The second avenue comprises complementary laws.

Despite QCS 2014 not being binding outside contract, there
is a degree of overlap between existing complementary
laws and the requirements of QCS 2014, specifically in the
area of health, safety and workers rights. So even if QCS
2014 was not specified or was not enforced under contract,
this does not remove exposure under state legislation.

The third route of consequences comes from the duty of

care, highlighting that third-party legal obligations must
always remain a consideration.

With the exception of the right to suspend activities and

impose penalties in relation to quality and H&S matters,
QCS 2014 does not have identifiable sanctions or
mechanisms to provide prosecution. Similarly, the
Environment Law contains no sanctions for failing to
comply with Article 6. However, the lack of supporting law
at present does not mean that this will always be the case.
It is therefore recommended to assume QCS 2014 applies
and familiarise oneself with its requirements.

As QCS 2014 does not have any directly enforceable

sanctions or penalty regime enforcing its incorporation into
the contract documents, companies may consider not
incorporating the QCS 2014 mandatory standards into their
contract documents. This, however, is not advisable
because the parties will still be exposed to the specific

requirements of applicable/complementary laws labour

and environmental, etcetera. Furthermore, supporting
legislation could well be introduced at any time in the
near future.

QCS as a source of claims

Whether or not QCS can work as a source of claims

depends on the strategic approach adopted by the parties
and also the status of the contract at the time of
promulgation.

For contracts tendered post May 2015, there should be a

few avenues for dispute as the document leaves less room

for ambiguity compared to its predecessor. Although if the

QA/QC and H&S penalty tables are populated with penalties
and these penalties are applied in a zealous manner,
dispute could arise as to the manner of their application as
being a backdoor route to reduce the contract price and
unjust enrichment. Also employers may instigate
indemnity-related claims against contract drafters for
recovery of damages in the event that QCS 2014 has not
been incorporated into the contract documents.

For contracts tendered before May 2015, this issue is

considerably hazy as QCS 2014 contains no provisions for
managing the transition or its implementation on live
projects. Reliance on the provisions of Article 3 of the Civil
Code, the law at the time of contract execution will be the
applicable law to the contract may not provide support in
the implementation of QCS 2014, as the interpretation of
law would depend on the contract definitions of law and
any additional contract provisions regarding change in
law.

Before embarking on any disputes in relation to the

implementation of QCS 2014, it is important to consider the
true impact as, with the exception of quality and H&S
matters, the majority of the changes from QCS 2010 have
been made with regards to clarity and usability as opposed
to an increase in obligations.

Whether the debate is about incorporating QCS 2014 in

your contract, enforcing penalties through QCS 2014 or
raising claims based on the application of QCS 2014, one
should be cautious in arguing that QCS 2014 has
introduced significant changes from QCS 2010 or brought
new elements to Qatars current construction
requirements, because it would be difficult to argue that
these changes are substantive enough to go beyond good
industry practices, and a number of these requirements
pre-exist in complementary laws. As industry players await
more clarity on the legal aspects of QCS 2014, the prudent
would already have incorporated it as a mandatory
requirement for new projects.
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