Legal Risks of Using Unapproved Materials in Contracting Projects in Bahrain

In Bahrain’s contracting industry, material selection is a critical factor that impacts safety, quality, compliance, and project timelines. Using unapproved materials — whether due to cost-cutting, supplier substitution, or oversight — can lead to severe legal, financial, and reputational consequences for contractors and employers alike.

This blog explains the legal risks of using unapproved materials, the relevant regulatory framework in Bahrain, and strategies to prevent such issues before they escalate into disputes.

Learn more about our contract drafting and negotiation services in Bahrain.

What Are Unapproved Materials?

Unapproved materials are products, components, or finishes that:

Do not meet the specifications stated in the contract.
Fail to comply with Bahraini building codes, safety regulations, or environmental standards.
Have not been tested, certified, or accepted by the project engineer, consultant, or employer.

Examples include:

Substituting lower-grade steel for structural works.
Using electrical cables without Bahrain Civil Defense approval.
Installing cladding materials that fail fire-resistance requirements.

Legal Framework in Bahrain

Contractual Breach
- Using unapproved materials violates the contractual obligation to meet agreed specifications, exposing the contractor to claims for rectification costs and delays.
Regulatory Compliance
- Bahraini law requires adherence to municipal building codes, Civil Defense safety regulations, and environmental standards.
- Non-compliance can lead to stop-work orders, fines, and permit revocation.
Liability for Defects
- Under the Defects Liability Period (DLP), contractors must replace non-compliant materials at their own expense.
Criminal Liability
- In cases where unapproved materials cause injury, death, or significant damage, responsible parties may face criminal prosecution.

Risks of Using Unapproved Materials

Costly Rework — Removing and replacing non-compliant materials.
Project Delays — Halted works pending investigation or re-approval.
Loss of Payment — Employers withholding payment until defects are corrected.
Legal Claims — Compensation claims from employers, subcontractors, or end users.
Reputational Damage — Loss of trust with clients, consultants, and regulatory authorities.

Our Business Lawyers in Bahrain support contracting agreements.

Example:

A contractor in Bahrain sourced cheaper imported tiles for a commercial complex without securing prior approval from the project consultant. After installation, it was discovered that the tiles failed to meet slip-resistance and durability standards required under Bahraini regulations.

The employer demanded immediate removal and replacement, withholding final payment until the work was rectified. The contractor not only absorbed the full replacement cost but also faced liquidated damages for project delays. A lawyer reviewing the matter confirmed that proper material approval processes could have avoided both the cost and the legal liability.

Best Practices

For Contractors: