Question 1

What construction work do you handle in the UAE?

Accepted Answer

We act on the full lifecycle of UAE construction matters, from pre-tender through delivery and into dispute. Our work covers contract drafting and negotiation (FIDIC Red, Yellow, Silver, Pink and Gold; bespoke EPC, FEED, D&C, EPCM); the appointment of consultants under industry-standard appointments; project management arrangements; build-own-operate-transfer (BOOT) and PPP arrangements; operation and maintenance (O&M) agreements; overhaul and maintenance contracts; supply and installation of major equipment; and dispute resolution including DAB, mediation, adjudication, arbitration and onshore litigation. Sectors range from civil and infrastructure to power, petrochemicals, metals, mining and rail.

Question 2

Are FIDIC contracts standard in the UAE?

Accepted Answer

Yes — FIDIC is the dominant contracting framework on UAE construction projects, particularly for the public sector and large private developments. The 1999 Red, Yellow and Silver Books remain the most-used templates, with the 2017 second editions appearing increasingly. Government and quasi-government employers (DEWA, ADNOC, ADWEA/EWEC, Etihad Rail) have their own FIDIC-derived bespoke forms, often with significant amendments to time-bar provisions, change-in-law allocation and DAAB mechanics. We advise on bespoke amendments at tender stage and on the practical operation of FIDIC's notice and DAAB regimes during project delivery.

Question 3

How are construction disputes typically resolved?

Accepted Answer

Most UAE construction disputes are resolved through arbitration — typically DIAC, arbitrateAD or ICC — with the seat usually in the UAE. The 2022 DIAC Rules introduced expedited procedures and emergency arbitrator provisions that have made DIAC particularly attractive for time-sensitive construction matters. Onshore court litigation remains common where the contract did not include an arbitration clause, where the parties opted out, or where urgent interim relief is required (attachments, evidence preservation). DAB/DAAB processes under FIDIC are increasingly used in practice, although enforcement of DAAB decisions remains a litigation-by-arbitration step in the UAE.

Question 4

What is delay analysis and why does it matter?

Accepted Answer

Delay analysis is the technical methodology used to apportion responsibility for project delay between employer-caused delay, contractor-caused delay and concurrent delay. The Society of Construction Law Delay and Disruption Protocol sets out the leading methodologies (As-Planned vs. As-Built, Time Impact Analysis, Window Analysis). The choice of methodology can materially change the outcome — a difference of weeks in extension-of-time entitlement can translate into millions of dirhams of LDs and prolongation cost. We work with the leading delay-analysis experts and have advised on the framing of delay claims as well as their defence, particularly on UAE rail, power and large-civils projects.

Question 5

Can a contractor recover prolongation costs in UAE arbitration?

Accepted Answer

Yes — but the recoverability turns on the contract wording, the timely service of FIDIC clause 20 notices (or the bespoke equivalent), and the quality of the contemporaneous records. UAE tribunals — under both FIDIC 1999 and 2017 — increasingly enforce time-bar provisions strictly, and a missed clause 20.1 notice will typically be fatal to the underlying claim. Our practice is therefore to embed contract-administration discipline early in projects, not just at the dispute stage. Our successful prolongation recoveries have included multi-million-dirham awards in DIAC and arbitrateAD arbitrations across power and civils projects.

Question 6

Do you advise on EPC and turnkey projects?

Accepted Answer

Yes. We have advised on multiple bespoke EPC, FEED and D&C contracts on high-value, complex projects in the UAE — across power, petrochemicals, metals and railways. The most negotiated terms in EPC are: scope and design responsibility (especially the Employer's Requirements / Contractor's Proposal interface); guarantees of performance and the consequence of failure; LDs caps; force majeure and change-in-law allocation; risk and title transfer; and the parent-company guarantee architecture. We act for both contractors and employers, and our drafting reflects both perspectives.

Construction counsel for the projects that build the UAE.

Practice summary

The key takeaway

Our expertise

Frequently asked questions

Building, claiming or defending? Brief us in three minutes.