With construction projects back on the rise after the financial downturn in the Middle East, optimism and hope have gained momentum for projects and investment across the region. When regional and international contractors, engineers and developers run the risk of being lulled into a false sense of security by the familiar text of globally used standard contracts, we provide our clients with indispensable guidance to securing legally watertight and local law compliant contractual arrangements that act as effective shields in legal actions and dispute resolution proceedings.
Our Construction team is driven by some of the most experienced legal professionals in construction law within the Middle East. With a combined applied experience of over 20 years, our highly qualified team provides intuitive advice, insight and adaptive exit routes to seemingly dead-end legal scenarios often encountered in this challenging industry sector.
INFRASTRUCTURE, ENGINEERING AND CONTRACTUAL RISK MANAGEMENT
Our lawyers provide our Construction clients with pre and post tender, joint venture, architectural, design and engineering contract and subcontract drafting, review and advice, and dispute preventive legal guidance.
LITIGATION, ADJUDICATION AND ARBITRATION
Whilst our aim is to assist our Construction clients in defusing any possibility of a future dispute, we provide full legal representation when a dispute arises through litigation, adjudication or arbitration proceedings. With support from our experienced litigation team, who possess local rights of audience before the Courts in all our office locations, we offer our clients invaluable hands-on experience acquired through this process.
Construction litigation entails very different considerations for our clients than arbitration and adjudication. Therefore knowing how to address these considerations and being able to successfully navigate through challenging local judicial system pitfalls, makes us our clients’ preferred choice.
Our firm has close connections with local Arbitration Chambers in each of the jurisdictions in which we operate, as well as with the Chamber of International Arbitration. A number of our lawyers have acted as legal experts and been appointed as arbitrators in local arbitral proceedings. Our regional experience in both drafting legal pleadings and in advocacy during cross-examining expert and factual witnesses, provides us with a competitive advantage as well as the ability to offer convincing arguments in proceedings.
The DIFC Courts generally apply DIFC law, which is based on English law, and have jurisdiction over most civil and commercial matters occurring within the DIFC. Our team includes qualified Solicitors of England & Wales, therefore, they are fully conversant with the legal principles that would determine the outcome of our clients’ claims and defences. Our team also includes professionals who have Part I and Part II rights of audience before the DIFC Courts and who have conducted litigation proceedings on some of the very few construction matters heard before the Court.
- Dubai based contractor in DIAC proceedings for a AED200 million claim for unpaid invoices and prolongation costs against major local real estate developer and defending counterclaim for liquidated damages in excess of AED180 million.
- Dubai based contractor in DIAC proceedings for a AED178 million claim for unpaid invoices and prolongation costs against Abu Dhabi real estate developer in relation to a property on the Palm Jumeirah and defending counterclaim for liquidated damages in excess of AED200 million.
- Dubai based contractor in DIAC proceedings for a AED300 million claim for unpaid invoices and prolongation costs against major local real estate developer.
- Dubai based MEP sub-contractor on Dubai litigation matters against major Dubai property developer in connection with direct payment obligations to settle amounts in excess of AED100 million due under payment certificates for works completed at Dubai Busi-ess Park.
- Dubai based MEP sub-contractor in a dispute that arose from a subcontract for mechanical and electrical services on a hotel and residential development on the Palm Jumeirah, giving rise to claims related to failure to award an extension of time amounting to approximately AED52 million.
- Advising a US construction equipment supplier in connection with Abu Dhabi litigation proceedings commenced against a subcontractor for amounts due under an equipment rental agreement in respect of the Convention Centre Project at Zayed University, Abu Dhabi.
- Advising a Korean Power & Desalination Contractor in relation to dispute resolution options for proceedings with a delay claim under a contract with DEWA for the construction of a Power & Desalination station in Jebel Ali.
- Advising a Dubai based subcontractor in a DIAC arbitration against the main contractor and a DIFC litigation against the employer under a direct payment undertaking.
ADVISORY / CONSULTATION / PRE-DISPUTE RESOLUTION
- Advising a major Saudi contractor on joint venture arrangements relating to pre-qualification and execution processes for the construction of a power plant in Umm Al Quwain.
- Advising a Korean power plant manufacturer on an extension of retention bond dispute following assignment of the underlying EPC agreement to a Singaporean contractor.
- Advising a Korean desalination plant manufacturer on contractual documents in relation to research cooperation with Abu Dhabi Water and Electricity Authority.
- Advising a German law firm on issues relating to decennial liability and applicable to contract for the provision of stacking cranes for Abu Dhabi Ports Company.
- Advising a Belgian independent investor in respect of all aspects of design, engineering, procurement and full development of one of the islands owned under The World project.