Contractor-side counsel for UAE construction disputes.

Under FIDIC 1999 (Red/Yellow/Silver Books), clause 20.1 requires the contractor to give notice of a claim within 28 days of the event or circumstance giving rise to the claim. Under FIDIC 2017, the notice period is 28 days under clause 20.2.1, with a further detailed particulars obligation. UAE courts and arbitral tribunals treat this as a condition precedent — a missed notice typically extinguishes the claim entirely, regardless of the merits. The notice must be in writing (email is generally sufficient under UAE law), addressed to the Engineer, and clearly identify the clause relied upon and the general nature of the claim. We advise on notice strategy from project commencement and help contractors document the factual record contemporaneously.

Contractors have several avenues for payment recovery in the UAE: (i) payment applications under the contract, leading to Interim Payment Certificates (IPCs) which become due and payable under FIDIC; (ii) debt recovery proceedings before the onshore courts (Dubai or Abu Dhabi) where the amount is not disputed; (iii) application for an attachment order (precautionary attachment) over employer assets pending arbitration; (iv) DIAC or arbitrateAD arbitration where the contract contains an arbitration clause. The fastest route is often an attachment application followed by arbitration. We also advise on enforcement under the UAE payment security regime and the DIFC/ADGM insolvency framework where employers are in financial difficulty.

Performance bonds (usually unconditional demand bonds issued by UAE banks) entitle the employer to call on the bond on written demand, without proving the contractor's breach — this is the key risk. UAE courts will not generally restrain a demand bond call absent clear fraud. Contractors should therefore: (i) ensure the bond amount and expiry are tied to contractual milestones, (ii) request extension rather than replacement where time is running, and (iii) where a wrongful call is threatened, move immediately to obtain an injunction in the courts of the relevant jurisdiction. We have successfully restrained wrongful bond calls in Dubai Courts and obtained damages for abusive calls.

UAE arbitral tribunals generally apply the dominant cause test rather than an apportionment approach to concurrent delay, although this is evolving. The SCL Protocol (2nd Edition) recommends apportionment where delay cannot be separated, but UAE-seated tribunals have inconsistently applied this. Practically, the safest approach is to document delay events in real time — using contemporaneous site diaries, progress photographs, programme updates and correspondence — so that the tribunal can segregate employer-caused and contractor-caused delay. A well-documented contemporaneous record almost always outperforms an after-the-fact forensic reconstruction. We build the contractor's delay case from the project records.

DIAC (Dubai International Arbitration Centre) arbitration under the 2022 Rules: the claimant files a Request for Arbitration with the RERA, a tribunal is constituted (sole arbitrator or three-member, depending on the claim value), and the matter proceeds through pleadings (Statement of Claim, Statement of Defence, Reply, Rejoinder). Hearings take place in Dubai. For construction disputes under AED 20M, expedited procedure under Article 32 is available, reducing timelines significantly. Awards are final, binding and enforceable through Dubai Courts by ratification under Article 52 of the 2022 Rules. We have obtained significant contractor-side awards in DIAC arbitrations across power, civil and infrastructure projects.