Dr. Hassan Elhais Best Construction Defects & Liability Lawyer in Dubai – Defects & Decennial Liability Claims

A structural defect can surface years, after handover, and the UAE law holds contractors, and the engineers liable for a full decade. Knowing your rights is vital.

Defects, and the liability claims in the UAE construction concern faults in the works, and the responsibility of the contractors, engineers, and consultants for them, including the mandatory ten-year decennial liability. These claims can involve, significant value. An experienced Construction Defects & Liability Lawyer in Dubai, helps you to pursue, or defend defect, and the liability claims.

Confidential Consultation — Professional, Discreet & Multilingual Support.

What Are Defects & Liability Claims in the UAE?

UAE defects, and liability claims involve, faults in design, or construction, and the legal responsibility for such faults, ranging from ordinary defects to serious structural failures.

The cornerstone is the liability for ten years under the UAE Civil Code (Article 880 of Federal Law No. 5 of 1985, carried into Federal Decree-Law No. 25 of 2025): the contractor and engineer are jointly liable for ten years from handover for total or partial collapse and for defects threatening the stability or safety of the building. Article 882. This liability is compulsory and may not be waived or limited by agreement, but may be increased.

The courts have applied decennial liability narrowly to structural matters. According to Dr. Hassan Elhais, Senior Legal Consultant, distinguishing a decennial defect from an ordinary defects-liability matter is the key first question in these claims.

• Decennial (10-year) liability claims
• Ordinary defects liability claims
• Contractor, engineer, and consultant liability

The type of defect determines the applicable liability regime.

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Types of Defects & Liability Claims in Dubai

These claims take several forms, each handled by a Construction Defects & Liability Lawyer in Dubai.

• Decennial Liability Claims

  Claims for collapse or defects affecting stability or safety pursued or defended within ten years of handover.

• Defects Liability Period Claims

  Handling of normal defects during the contractual defects liability period.

• Latent Defect Claims

  Dealing with hidden defects found after completion.

• Liability Allocation

  Determining Responsibility between contractor, engineer and consultants.

The Defects Claim Process in Dubai – Step by Step

Defect, and the liability claims in Dubai, follow a structured, evidence - based process.

Cost Discussion Framework

Legal fees in defect, and the liability claims, depend on the case. Factors include:

• Value, and the complexity of the defect
• Whether the decennial, or the ordinary liability
• Whether the technical experts are required
• Number of parties involved
• Whether the arbitration, or the court follows

During your consultation, we provide a transparent fee structure, tailored to your claim.

Addressing Common Client Concerns

• What is decennial liability?

  It is the mandatory ten-year liability of the contractor and engineer, from handover, for collapse or defects threatening the building's stability or safety.

• Can decennial liability be excluded?

  No. Under Article 882 of the Civil Code, any agreement to exclude, or reduce the decennial liability is void, though it can be extended.

• What about non-structural defects?

  Non-structural and aesthetic defects fall outside decennial liability and are dealt with under the ordinary defects liability period.

• Who can be liable for defects?

  The contractor, engineer, and consultants may be liable depending on the cause; liability allocation is a key part of the claim.

Confidentiality is strictly maintained at all times.

Why Choose Dr. Hassan Elhais & Our Construction Defects & Liability Lawyer in Dubai

Dr. Hassan Elhais, is a Senior Legal Consultant, with the extensive experience in the construction defect, and the decennial liability claims, in the UAE.

• Proven experience in defect, and the liability claims
• Multilingual legal team
• Representation for the employers, contractors, engineers, and the developers
• Strong knowledge of the decennial liability, and the Civil Code
• Technical, evidence-led strategy

We operate in strict compliance, with the UAE construction, and the civil law.

Trust & Compliance

We provide professional and ethical representation in accordance with UAE law. We tailor our advice to your claim, explain it clearly and without false promises. Every consultation is completely confidential.

Take Immediate Action

Construction defects identified years after completion can lead to serious liability. Early expert advice helps you pursue or defend defect and liability claims effectively.

Frequently Asked Questions