Question 1

What is a FIDIC contract and how is it used in the UAE?

Accepted Answer

FIDIC (Red, Yellow, Silver Book) forms are the standard construction contracts for major UAE projects. They define risk allocation between employer and contractor, payment mechanisms, variation procedures, and dispute escalation paths (Engineer → DAB → Arbitration). Misunderstanding FIDIC clauses is the most common cause of UAE construction disputes.

Question 2

My contractor has abandoned the site — what are my options?

Accepted Answer

Immediate steps: serve formal notice of breach under the contract (typically 14 days to remedy), document all site conditions and partially completed work, preserve evidence, and assess the performance bond or advance payment guarantee. You may be entitled to terminate, engage a replacement contractor and claim all additional costs.

Question 3

A client is withholding payment for completed work — can I recover it?

Accepted Answer

Yes. UAE law protects contractors' right to payment for work completed and certified. Depending on your contract, you may issue a payment notice, follow the dispute escalation procedure (Engineer's decision → DAB → Arbitration), or apply to UAE courts for urgent attachment of the developer's assets while the main claim proceeds.

Question 4

What is a Dispute Adjudication Board (DAB) in construction?

Accepted Answer

A DAB is an expert panel established at the start of a FIDIC project to resolve disputes during construction — faster than arbitration. A DAB decision is immediately binding (pay now, argue later) even if challenged in subsequent arbitration. We prepare and argue DAB submissions and can advise on enforcement of immediate DAB decisions.

Question 5

How are construction defects handled legally in the UAE?

Accepted Answer

The UAE Civil Code (Article 880) imposes a 10-year decennial liability on contractors and engineers for structural defects in buildings. This statutory liability cannot be waived by contract. Developers and contractors can be jointly liable. Claims must be filed within 3 years of discovering the defect.

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