From the dawn of its Inception as a Federation, the U.A.E has been involved in Construction disputes which therefore makes it one of the most quintessential and core areas of law to practice. Amongst the most common types of disputes are those pertaining to delays and variations to the scope of work agreed upon by both parties to a Construction Contract.
Construction contracts are generally governed under FIDIC Conditions of Contract and local laws, in particular, the Muqawala section of the Civil Code and the Commercial and Civil Codes. The parties to a construction contract typically consist of an Employer, a Contractor, and Subcontractors who operate under the guidance of the Contractor. Overdue payments and compensation for delays in the completion of a project are common areas of dispute which form the majority of Construction disputes in the U.A.E. Other disputes include the ambiguity in the interpretation of contractual clauses under FIDIC and the Civil Code. Most construction contracts provide a dispute resolution clause for the purpose of attempting to resolve any disputes before all options exhausted and the Parties decide to enforce proceedings either through Arbitration or through the Courts.