Real Estate · Common-Area Defects

Common-area defect claims under Civil Code Article 880 — for JOPOAs against developers, contractors and consultants.

10-year decennial liability for major structural defects. 1-year warranty for installation defects. JOPOAs as proper claimants for common-area defects. Coordinated technical-report + arbitration/court strategy.

Art. 880
UAE Civil Code (Federal Law 5/1985)
10 yr
Decennial liability — structural
1 yr
Warranty — installation
JOPOA
Proper claimant for common areas

What we do

  • JOPOA-side defect claim assessment and technical-report engagement
  • Civil Code Article 880 decennial-liability claims against developer, main contractor, MEP consultant and architect
  • Coordinated arbitration or court proceedings
  • Settlement structuring and remediation supervision
  • Defendant-side defence for developers, contractors and consultants
  • Insurance recovery from professional indemnity and project-insurance policies

Practical sequence

  1. Defect identification by JOPOA / OA Manager
  2. Independent technical report (typically AED 30-100k for substantial defects)
  3. Notification under contract notice provisions
  4. Pre-action negotiation
  5. Arbitration or court filing (depending on contract)
  6. Quantum and remediation evidence
  7. Award/judgement and remediation supervision

Frequently asked questions

What is decennial liability under UAE law?

Civil Code Article 880 imposes 10-year liability on contractors and consultants for major structural defects, running from handover. Strict liability for the 10-year period — defendant must prove an exclusion. Limited to defects affecting structural integrity or building safety.

Who can bring common-area defect claims?

The JOPOA is the proper claimant for common-area defects (under Law 6 of 2019). Individual unit owners can bring claims for unit-specific defects against the developer/contractor directly.

Are professional indemnity and project insurance available for recovery?

Yes. Defect claims commonly trigger contractor/consultant PI insurance and project-insurance recoveries. We coordinate insurance-side recovery alongside the substantive claim.

Last updated: 1 May 2026. Contact us for matter-specific advice.

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