In the UAE, construction covers a wide range of legal issues including contract law, bonds and bonding, guarantees and sureties, liens, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry in the UAE, including financial institutions, surveyors, architects, builders, engineers, construction workers, and planners.
Best Construction Law Firm in Dubai, UAE
Dr. Elhais has gained a considerable amount of experience at construction law in Dubai. He has the ability to identify material issues relevant to a dispute to build a client-focused strategy to achieve positive results. Drafting complex agreements, memorandums of understanding and subcontracting agreements are just some of his skills in this field.
Dr. Elhais advised many construction companies on areas of construction law, including AECOM, one of the largest international companies in the field of engineering consultancy, Al Seif Contracting and many other international companies.
Hire The Best Construction Lawyers in Dubai, UAE
Construction Lawyers in Dubai under supervision of Dr Hassan Elhais have around 19 years of experience of drafting construction contracts with multiple parties, attending complex construction arbitration or litigation and counselling contractors and sub-contractors in potential construction disputes. The construction industry is perplexing due to multiple parties associated with the construction project and the obligation to adhere with multiples Construction laws of Dubai. For reliable legal representation in construction matters, consult our expert construction lawyers in Dubai who understand the nuances of UAE construction law. A prudent advice is always to approach a Dubai Construction Lawyer with notable practical experience in Construction Law of Dubai.
An extensive participation in construction industry has empowered our Construction Lawyers in Dubai to gain diverse expertise in construction norms and ability to adapt with ever-changing construction industry and challenges. Our vigorous proficiency in construction law of Dubai further gets aligned by our distinctive list of clients in construction industry, locally and internationally. The aptitude of Dubai Construction lawyer in field of Construction Law of Dubai has given an edge to consult you on all construction-related concerns.
If you are seeking advice regarding real estate & construction law in Dubai, then your search ends here. Contact us today and get the for any legal advice.
Frequently Asked Questions
The liability for the delay of the contractor, is primarily governed by the UAE Civil Transactions Law, and the contractual provisions under the UAE construction law. The works shall be performed by the Contractor, within the agreed times, and according to the approved specifications. If the delays are not justified by the law, the employer may claim damages for the direct damage, and the liquidated damages, if it is agreed in the contract. Generally, the UAE courts will consider causation, contractual obligations, extension of time clauses and evidence of actual impact of the delay. The employer caused disruptions, force majeure events, or the variations may limit or cancel contractor liability. In the judicial interpretation, good faith performance and proportionality are often stressed, when determining the compensation claim in construction disputes.
The UAE law offers a strong protections to the employers against the defective construction works, particularly under the decennial liability principles. The contractors and supervising consultants can be jointly liable for the serious structural defects or collapses for a period of ten years after the project delivery. This obligation originates from the the UAE Civil Transactions Law and typically cannot be excluded by the contract. The employers may also look for the claims for the hidden defects, poor workmanship or breaches of technical specifications discovered after the handover. The courts usually depend on the engineering experts to determine the causes of the defect, technical responsibility and the estimated cost of rectifying the defect. In addition, there may be other contractual warranties and the maintenance responsibilities available as an alternative remedy to statutory remedies under the UAE construction law.
The consequences of variations and extra works in the construction projects in the UAE are subject to the terms of the contract and the UAE Civil Transactions Law. Generally employers have the power to ask for changes, additions or reduces within reasonable project limits. The contractors are usually entitled to the corresponding adjustments in contract price and project completion periods, where changes materially affect the obligations of the parties. Enforcement of variation related claims is critically dependent on proper documentation, written approvals, revised drawings and valuation mechanisms. Many UAE courts will look at whether other works were formally instructed, technically necessary and actually execute before awarding compensation. Failure to follow the contract notification procedures could compromise the recovery claim. Some courts however focus on substantive fairness and evidence of actual performance.
In the UAE, construction disputes are usually resolved through the litigation, arbitration, mediation or expert determination processes. Most large construction contracts include arbitration clauses referring to such bodies as DIAC or international arbitration rules. The UAE’s arbitration law favours the enforcement of valid arbitral awards and agreements and respects party autonomy. Courts may still be involved in the case for interim measures, procedural defects, public policy matters or enforcement of awards. Technical engineering specialists are often given considerable responsibilities in the assessment of delays, defects, payment disagreements and project valuation disputes during proceedings. Successful dispute resolution often depends on the accuracy of the project records, adherence to the contract provisions, timely notices, and the professional maintenance of construction documentation during the execution phase.
The UAE construction law acknowledges the contractual obligations between the main contractor, and the subcontractor arising from the agreed subcontract terms, and the civil law principles. The subcontractors may make claims, for money owing in respect of work done, certified progress payments, retention amounts or approved variations. Entitlement claims generally need to be supported by clear documentary evidence such as invoices, payment certificates, work approvals, correspondence and project records. Generally, delayed payments from employers are not a defense to payment by main contractors unless otherwise provided in the contract. In the UAE courts it is a common practice to appoint engineering and accounting experts to determine the values of completed works, delays and financial dues. Judicial interpretation of subcontractor disputes and liabilities is heavily influenced by good faith performance, contractual transparency, and adherence to procedural notice requirements.
When searching for the best construction lawyer in the UAE, it’s often about experience with project disputes, contractual claims and the construction arbitration matters. The companies look for lawyers who know about FIDIC contracts, infrastructure projects and contractor liabilities. A thorough understanding of the UAE construction regulations, and the dispute resolution procedures is of the highest priority. Dr. Hassan Elhais is known for his legal expertise and the representation in complex commercial, and the contractual disputes across the UAE. He advises the business and individual clients on legal issues related to the construction and arbitration proceedings. Practical industry understanding is required to deal with high-value construction disputes.
