advocates and legal consultants

The Role of DAAB and Amicable Settlement in FIDIC 2017: A Strategic Shift in Dispute Management

Dubai's skyline is a testament to its fast-paced construction boom, but ambitious projects come with complicated woes. The FIDIC 2017 Contracts bring in revolutionary means to settle disputes via the Dispute Avoidance and Adjudication Board (DAAB) and an emphasis on amicable agreements. It is key for developers, contractors, and investors to grasp these instruments. At Albasti Advocates, a top construction law firm in Dubai, we've witnessed firsthand how these changes are revolutionizing the sector. Here's a straightforward guide to FIDIC 2017's dispute resolution measures and why it's important to collaborate with qualified construction lawyers.

FIDIC 2017: The New Age of Construction Disputes

The International Federation of Consulting Engineers (FIDIC) establishes global standards for construction contracts. The 2017 revisions stress avoiding disputes rather than lengthy court proceedings. Some of the key changes are: The Dispute Avoidance and Adjudication Board (DAAB)

Mandatory Friendly Negotiations

Let's demystify how these operate and why they are needed in Dubai's high-speed market. The DAAB: Avoiding Disputes Before They Occur The DAAB replaces the conventional Dispute Adjudiation Board (DAB) with an active role:

Early Involvement:

A standing board is assigned at project initiation. Members go to locations, track progress, and catch problems early—such as a "health check" on your project.

Real-Time Solutions:

Parties can receive informal advice on emergent issues. Example: When there is a delay caused by design modifications, the DAAB negotiates and recommends alternatives.

Binding Decisions Where Required:

In every instance of disagreement, the DAAB makes rapid, binding rulings. This keeps projects on schedule without needing to stop for arbitration. Why It Matters: Delays in Dubai cost millions. The DAAB's proactive strategy is in line with the UAE's vision of having seamless project delivery.

Amicable Settlements: Partnership Rather Than Conflict

FIDIC 2017 requires parties to negotiate in good faith for 28 days before arbitration. With this, it is not just a ritual; it is intended to conserve time, money, and relationships.

Major Benefits:

Cost Savings: Subtract arbitration fees and time. Preserve Partnerships: Maintain trust for future projects. Flexible Solutions: Compromise comes from mediation in the form of phased payments or altered timetables. Example: A contractor and developer disagree over delayed payments. Instead of rushing to the courts, they settle for a staggered payment plan, preserving their working relationship.

Why FIDIC 2017 Is A Victory For Dubai's Construction Sector?

Faster Adjudications: DAAB rulings take weeks, not years. Lower Costs: Save project downtime and legal expenses. Global Alignment: Conforms to global best practices, making Dubai more attractive to foreign investors.

How Albasti Advocates Can Help?

As top Dubai construction attorneys, we make FIDIC 2017's framework work for you:

DAAB Guidance:

Help select qualified DAAB members. Prepare cases and challenge/enforce rulings.

Mediation Assistance:

Settle in line with your goals.

Training & Compliance:

Train employees on FIDIC 2017 clauses to prevent disputes.

Arbitration Readiness:

And when negotiations collapse, we make strong cases for arbitration.

Why Choose Us?

Local Knowledge: In-depth knowledge of Dubai's legislation. Global Experience: GCC, Asia, and European experience. Client-First Approach: Put your business goals first, not just victories in court. Case Study: Resolving a $50M Delay Claim (Hypothetical Case) Case: A Dubai developer was struck with a $50M delay claim resulting from design variation. Answer: Solution
  • Albasti Advocates filed DAAB proceedings.
  • Mediation also made both parties aware of project delay risks.
  • Adjusted staggered payments and revised timelines.
  • Outcome: Settled within 45 days, saving $2M+ in lawyer costs and preserving the partnership.

Conclusion:

Stay Ahead of Dubai's Construction Sector FIDIC 2017's focus on cooperation is revolutionizing conflict resolution. In Dubai's fast-paced marketplace, it is imperative that you remain one step ahead. Partnering with Albasti Advocates ensures your projects remain on schedule, disputes are resolved quickly, and partners are retained. Ready to Change Your Game? Reach out to Albasti Advocates, Dubai's construction lawyers of first choice, for specialist guidance on FIDIC 2017. Let's build solutions, not disputes.

Recent Blog

Contact Us

    mail-icon