Article 9 of the Saudi Contractors Classification Law
المادة 9 من نظام تصنيف المقاولين
The article requires that when contractors join in a project, each is classified in its field, at least one in the required field and grade, and the others in the same grade or one grade lower.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا تضامن مقاولان أو أكثر في تنفيذ مشروعٍ ما، فيجب أن يكون كل منهم مصنفًا في مجال تنفيذ المشروع وأحدهم على الأقل مصنفًا في المجال والدرجة المطلوبة لتنفيذه، وأن تكون درجة تصنيف المتضامنين الباقين بنفس الدرجة المطلوبة لتنفيذ المشروع أو أقل بدرجةٍ واحدة فقط.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 9 explained in plain English
This article deals with a common situation in large projects: two or more contractors joining together to carry out one project. It sets three conditions for this, all of which must be met:
- Each joint contractor must be classified in the field of the project's execution.
- At least one of them must be classified in the field and grade required to execute the project.
- The remaining joint contractors must have a classification grade that is the same as the required grade or only one grade lower.
So, for example, a contractor classified in the required grade may not join with a contractor who is not classified in the project's field, or with a contractor whose grade is more than one grade below the required one. The purpose is that joining not be used as a way to bring in contractors whose capabilities do not suit the project.
The text is consistent with the definition of contractor in Article 1 as one licensed to perform alone or jointly.
The article does not address the distribution of liability or work among the joint contractors, or the form of the joining agreement. Anyone planning to join with others for a government project should consult a lawyer specialized in contracting before submitting the bid.
Practical example
A government project requires first-grade classification in the roads field. A company classified in the first grade in this field joined with another company classified in the same field in the second grade; this is permitted because the second is only one grade lower. If the partner were in the third grade, the condition would not be met.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 9 of the Saudi Contractors Classification Law
May contractors join together to carry out a project?
Yes, provided each is classified in the project's field, at least one in the required field and grade, and the others in the same grade or one grade lower.
Can a joint contractor's grade be two grades lower?
No. The article requires the remaining joint contractors to be in the same required grade or only one grade lower.
Must all joint contractors be classified?
Yes. Each must be classified in the field of the project's execution.
More articles on Classification Required for Government Projects
- Article 3
The article bars government bodies and public legal entities from awarding or accepting a bid for a project subject to classification except to a contractor classified in the appropriate field, activity and grade.
لا يجوز للجهات الحكومية والهيئات والمؤسسات والأجهزة ذوات الشخصية الاعتبارية العامة إرساء أو قبول أي عرض أو عطاء لأي مشروع يخضع للتصنيف إلا إذا كان المقاول مصنفً
- Article 13
The article requires government bodies and public legal entities to supply the Ministry with the information and remarks it requests about contractors and their completed or ongoing projects for classification purposes.
على الجهات الحكومية والهيئات والمؤسسات والأجهزة ذوات الشخصية الاعتبارية العامة تزويد الوزارة بالمعلومات والبيانات والملحوظات التي تطلبها عن المقاولين لأغراض الت
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.