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What Does a Construction Lawyer in Dubai Do?

A construction lawyer in Dubai advises contractors, developers, consultants, and project owners on FIDIC contracts, construction disputes, delay claims, and regulatory compliance under UAE construction law. Salha Al Basti Advocates represents all parties across UAE construction projects—from contract drafting and claims management to DIAC arbitration and Dubai Court proceedings.

Construction Law in Dubai — A Specialist Field

The UAE's construction sector is one of the world's most active—generating billions of dirhams in annual project value and involving a complex legal web of FIDIC contracts, NEC agreements, subcontractor arrangements, RERA regulations, and multiparty disputes. Construction disputes over delays, variations, defects, and payment are among the most technically and legally complex matters in UAE commercial law. Salha Al Basti Advocates's construction law team brings both legal expertise and technical project understanding to every matter. Whether you are a main contractor pursuing a variation claim, a developer defending against a delay assessment, or a subcontractor chasing unpaid certificates, our team has the expertise and experience to protect your position and pursue your rights effectively.

Governing UAE Construction Laws & Standards

  • UAE Federal Law No. 5 of 1985—Civil Transactions Law (Articles 872–896, works contracts)
  • UAE Federal Law No. 10 of 1992 — Civil Procedure Code
  • RERA Decree No. 6 of 2010 — Real Estate Regulatory Authority
  • Dubai Law No. 33 of 2008 — Escrow Account Law for Off-Plan Projects
  • FIDIC Red Book (1999/2017) — Conditions of Contract for Construction
  • FIDIC Yellow Book and Silver Book — Design-Build and EPC contracts

Construction Legal Services We Provide

  • FIDIC and NEC contract drafting and detailed review
  • Sub-contract and supply agreement advisory
  • Variation order claims and extension of time assessments
  • Delay and disruption claims — contractor and employer perspective
  • Defect liability and maintenance period disputes
  • Payment disputes and Contractor's Sum recovery
  • Construction arbitration — DIAC, DIFC, and ICC
  • Expert determination and adjudication proceedings
  • RERA regulatory compliance for developers
  • Construction joint venture structuring and advisory

How We Handle Construction Disputes

  • Contract review and risk mapping at pre-construction stage
  • Claims preparation — delay analysis, variation quantum, and loss assessment
  • Employer and engineer correspondence management
  • Dispute Adjudication Board (DAB) proceedings under FIDIC Clause 20
  • Mediation and negotiated settlement
  • Arbitration at DIAC or DIFC for significant claims
  • Court enforcement of arbitral awards and judgments

Case Example — FIDIC Variation Claim — AED 6.4 Million Settlement

Salha Al Basti Advocates represented a main contractor pursuing AED 8.2 million in variation claims and extension of time entitlements against a Dubai developer. The FIDIC Red Book contract gave the engineer significant discretionary authority over claim determinations. Our team prepared a technically detailed claims dossier, challenged the engineer's determinations under FIDIC Clause 20, and represented the contractor in DIAC arbitration—achieving a settlement of AED 6.4 million within 14 months—an excellent outcome relative to the risks and costs of continued arbitration.

Frequently Asked Questions — Construction Law in Dubai

What is a FIDIC contract in UAE construction?

FIDIC (Fédération Internationale des Ingénieurs-Conseils) contracts are the most widely used standard form contracts on UAE construction projects. The Red Book governs employer-led design projects, the Yellow Book covers design-build, and the Silver Book is used for EPC/turnkey contracts. UAE courts and arbitrators are highly familiar with FIDIC provisions, making it the preferred contract form for major UAE projects of any value.

What is an Extension of Time (EOT) claim in construction?

An Extension of Time (EOT) claim is a formal request by a contractor for additional time to complete a project due to delays caused by events beyond the contractor's control—such as employer-caused delays, force majeure, or changes in scope. Under FIDIC contracts, EOT claims must be notified strictly within 28 days of the delay event. Failure to give timely notice can bar recovery. Salha Al Basti Advocates helps contractors identify, quantify, and pursue EOT claims within contractual time limits.

How are construction disputes resolved in the UAE?

UAE construction disputes are typically resolved through: (1) Dispute Adjudication Boards (DABs) under FIDIC Clause 20; (2) arbitration — most commonly DIAC or DIFC for significant claims; or (3) UAE court litigation. Most major construction contracts include arbitration clauses. SAB advises on the most effective dispute resolution mechanism for each matter and provides full representation throughout the process.

What happens if a UAE contractor is not paid?

An unpaid contractor in the UAE has several legal remedies: issue a formal payment notice under the contract, terminate for employer breach, file an application at UAE courts for attachment of the employer's assets (including property); and commence arbitration or litigation under the contract's dispute resolution clause. Salha Al Basti Advocates moves quickly to protect contractor payment rights and prevent further financial exposure on unpaid projects.

What is the defect liability period in UAE construction contracts?

Under UAE Civil Transactions Law Article 880, contractors and architects are liable for structural defects in completed buildings for 10 years from project completion — regardless of what the contract states. This statutory liability cannot be contractually excluded. For defects notified during the contract's defect liability period (typically 12 months under FIDIC), the contractor must remedy at its own cost without delay.

Can a subcontractor sue the developer directly in UAE?

Generally, a subcontractor in the UAE can only pursue the main contractor—their direct contracting party—for payment, as there is no direct contractual relationship between the subcontractor and the developer. However, UAE courts may allow claims against developers in certain circumstances, particularly where the main contractor is insolvent. Salha Al Basti Advocates advises subcontractors on maximizing recovery in complex contractor insolvency and payment default situations.

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