Our Construction Law Practice is focused on Construction Arbitration and Disputes Avoidance.

We advise contractors and employers at various phases of the construction and engineering life cycle, from risk allocation in contract drafting, appropriate pricing model and issuing complete ITT documents; to timely management of claims, early dispute detection, and crises management.

Our legal services cover civil and industrial engineering. We advise on front-end issues in major projects work including commercial, institutional and residential buildings, power and utilities, oil and gas development and infrastructure projects. We have experience advising on EPC contracts for major project developments in the UAE.

Our lawyers advise private companies, international joint ventures, local bodies, government-owned entities. We act for chief market players on procurement, strategy, contract negotiation and performance advice for the construction of real estate projects.

Non-Contentious Practice

Experience in construction arbitration is invaluable to a strong front-end advisory in construction projects. We know the causes and costs of disputes. We are extremely able to advise on each element, act or omission to help our clients prevent disputes and control costs.

Our practice includes:

  • Procurement strategy and structures
  • Risk management and contract selection that best meets clients’ cost, time and quality objectives
  • Drafting and negotiating all forms of construction documentation, tenders, building contracts, design and consultancy agreements, performance bonds and guarantees
  • Advisory on efficient contract administration and effective claims management
  • Deep knowledge of local regulatory requirements. Advising clients on local planning, environmental and zoning regulations and ongoing compliance of large-scale projects with the conditions of contracts

Contract Drafting

Experienced in front-end construction including drafting and negotiating particular conditions of the FIDIC standard conditions of contract Red book and White book (professional services) for a more balanced allocation of risks.

Some of the contracts we handle include:

  • EPC contracts for oil and gas facilities (up-stream and mid-stream) and water supply plants;
  • bespoke government contracts for urban developments (parks and public recreational facilities);
  • civil engineering contracts for commercial and residential projects; and
  • green contracts for LEED certifications and administration services for Estidama ratings.

Construction Work Highlights

Non-Contentious

Public, Utilities, Infrastructure: Advised a global market leader in contract compliance and performance the as main contractor under an EPC contract for Middle East’s largest Seawater Reverse Osmosis Desalination Plant in RAK. Issues included: timing and form of claims’ notices, performance guarantees, partial take-over, interpreting paid when paid vs. paid if paid clauses; and issues in performance due to the specific RO technology.

Residential Real Estate Developer: Draft and review Particular Conditions of FIDIC 1987 Conditions of Contract for a large real estate project in Dubai Marina.

Contentious Experience

Government-Owned Oil and Gas Company vs. Joint Venture of Contractors: Our lawyers have advised the employer in defending USD 500m by contractors in respect of alleged delay, disruption, and variations under a lumpsum EPC contract for accommodation facilities and private infrastructure. Some of the issues included vague FEED, unrealistic bidding, fluctuating and unsubstantiated global claims, and dealing with unpaid subcontractors.

Urban Development: represented a govt. body in an ICC arbitration case of AED 99m arising from the construction of an urban leisure development project in Abu Dhabi. Issues involved evaluating designs against Estidama Pearl Rating and LEED certification implied suspension vs. non-performance vs. reduced scope of work. of work.

Regional drilling and well services company vs. Ukrainian oil field E&P: Represented the Claimant in ad hoc arbitration under a drilling and well services agreement, claiming for unpaid invoices, standby-rates, and demobilization costs. Also claimed the losses caused by the extended suspension of drilling works including the opportunity cost of not using the rig for other operations; and loss of profit from breach a verbal agreement to grant contract for drilling a second well.

EPC Contractor vs. International JV Contractor – Acted for EPC contractor in two arbitrations arising from breach of subcontracts for engineering, fabrication, supply, supervision of installation and testing & commissioning of Vertical Fuel Storage Cylindrical tanks, and a similar contract for Diesel Reticulation System.

Book a free Consultation