The Code contains just 26 articles which are broadly applicable to construction and or design related contracts. It is important to note that the Code is implied in both public and private construction contracts governed by Iraqi law. To the extent there is a discrepancy between the express terms of the contact and the Code, the Code prevails.

The series is intended to provide the reader with a practical awareness and understanding of the Code’s provisions and in doing so, to help to address the challenge of rebuilding Iraq’s infrastructure. The series has been written in the spirit and in support of the UN-sponsored international compact with Iraq.

By way of background, the challenge of Iraq’s reconstruction may be regarded as unprecedented since the implementation of the Marshall Plan in Western Europe in 1945.

The current rule and practice of law in Iraq is fraught with immense and complex challenges. Those challenges include the systematic murder and exodus of lawyers,3 the state of flux in the applicability of local laws and legislation owing to laws promulgated by the Coalition Provisional Authority, the inability of the current Iraqi parliament to enact legislation aimed at economic reconstruction, the looting of public libraries and national archives, the practical difficulty of communications and transport, poorly trained and equipped civil servants, widespread mismanagement and corruption in public administration.