Construction Law for Landscaping and Public Parks in Bahrain
Landscaping and public park projects in Bahrain combine construction, environmental management, and public-use considerations. While they may appear less complex than large-scale building projects, they come with their own set of legal and contractual challenges from environmental approvals and design standards to maintenance obligations and public safety regulations.
Whether you’re a government entity commissioning a public park, a private developer building community landscaping, or a contractor executing the works, understanding the legal framework for such projects is critical to ensure compliance, quality, and risk control.
This blog explains the key legal issues in landscaping and park construction, what your contract should cover, and how disputes are often resolved. A general illustrative example is included to show how such legal matters can arise in practice.
Key Legal Considerations for Landscaping and Public Parks
1. Environmental and Regulatory Compliance
Projects often require approvals from:
- Municipalities and urban planning authorities
- Environmental protection bodies for irrigation, waste management, and tree preservation
- Utilities for water and electrical connections for lighting, fountains, or irrigation pumps
2. Detailed Scope of Work
Landscaping contracts should specify:
- Plant types, quantities, and sizes
- Soil preparation and irrigation design
- Pathways, lighting, seating, and recreational structures
- Compliance with local plant species regulations
- Long-term maintenance obligations
3. Public Safety Standards
Given that parks and landscaped areas are open to public use, the law requires:
- Non-slip pathways
- Safe playground equipment (meeting recognized safety standards)
- Adequate lighting and security features
- Drainage systems to prevent flooding
4. Maintenance and Defects Liability
Contracts should define:
- Who is responsible for replacing dead plants
- Warranty periods for landscaping installations
- Irrigation system repair obligations
- Frequency of maintenance visits
5. Variation and Seasonal Adjustments
Changes to plant types or design may be needed due to availability or seasonal factors. Variation clauses must address how such changes are approved and costed.
Contract Clauses That Shouldn’t Be Overlooked
- Clear project timeline with milestones for soil preparation, planting, and installation of features
- Weather and seasonal clauses to address planting delays or failures due to climate factors
- Liquidated damages for late completion if linked to an event or public opening date
- Force majeure provisions for natural events affecting landscaping works
- Detailed bill of quantities for plant and material supply
Example:
A contractor was awarded a project to landscape a large public park, including grass lawns, palm trees, lighting, and an automated irrigation system. Six months after completion, several trees died, and the irrigation pumps malfunctioned.
The project owner withheld part of the final payment, claiming the contractor was responsible for replacing the plants and repairing the pumps under the contract. The contractor argued that the plant deaths were caused by unusually high summer temperatures and the pump failures were due to poor-quality electricity supply from the utility provider.
A lawyer was consulted to review the contract and the evidence. It was found that the agreement contained a defects liability clause for landscaping but did not clearly define exceptions for extreme weather or external utility failures. After negotiation, the parties agreed on a cost-sharing arrangement for the replacements and repairs.
This example shows how precise contract terms and clear allocation of risks can prevent prolonged disputes in landscaping and public park projects.
Best Practices for Project Owners
- Engage a landscape architect or consultant during planning
- Require detailed planting and irrigation specifications
- Define maintenance obligations in writing
- Include seasonal flexibility in planting schedules
- Ensure warranties cover plant survival for a reasonable period
Best Practices for Contractors
- Use locally suitable and approved plant species
- Document installation and maintenance activities with photos and reports
- Keep records of weather and irrigation conditions during the defects period
- Clarify warranty scope before signing the contract
- Seek written approval for substitutions or design changes