The College of Law – University of Baghdad discussed the Master’s thesis entitled “Civil Liability for Soil Defects in Construction Contracts,” submitted by the student Naba Mohammed Abdul Aziz, at the Private Law, on Thursday, July 30, 2026, in the College’s Virtual Court Hall.

The examination committee consisted of:

  1. Prof. Dr. Jaleel Hassan Bshat (Chairman).
  2. Prof. Dr. Jamal Abdul Kadhim Al-Haj Yassin (Member).
  3. Dr. Areej Abdul Sattar Alwan (Member).
  4. Prof. Dr. Haider Faleh Hassan (Member and Supervisor).

The thesis aimed to address the legal issues arising from soil defects in construction contracts and examine the extent to which the rules of civil liability accommodate the technical particularities of such defects, with the aim of presenting a legal perspective that contributes to developing the legislative framework and achieving more effective protection in this field.

The thesis consisted of three chapters. The first chapter addressed the nature of soil defects and the parties responsible for them. The second chapter examined the legal basis of civil liability arising from soil defects, while the third chapter addressed the legal consequences of civil liability for soil defects in construction contracts.

The thesis concluded with several recommendations, the most prominent of which are:

  1. The Iraqi legislature should enact a specific construction law that integrates both technical and legal dimensions, accommodates developments in modern engineering practice, and regulates the roles, guarantees, and responsibilities of all parties involved in the construction process, thereby providing broader protection for all parties and improving the quality of construction in Iraq.
  2. The law should expressly require soil studies to be conducted before any building permit is granted, identify the party responsible for conducting and financing such studies, and require administrative authorities to allocate sufficient budgets for soil testing and to update such tests after a specified period before actual construction begins, thereby reducing the risks arising from soil defects.

  3. The role of technical and engineering standards in assessing the nature of soil and its implications for civil liability should be strengthened through the use of geotechnical expertise when applying legal provisions.

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