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How to Handle Construction Defects in UAE?

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Published on October 23, 2023, 09:09:12


construction lawyers, construction disputes in UAE

In the construction business in the United Arab Emirates (UAE), accusations of construction defects are one of the causes of construction disputes. These claims may be made for several reasons, including project delays, ineffective planning or communication, a failure to communicate, or the discovery of flaws during or after the project. The main factors to consider while resolving building fault claims in the UAE are as follows.

Understand the legal framework

Types of Construction Defects

A flaw in the building process, such as one in the design, materials, or craftsmanship, can result in a finished or partially built structure failing to meet the requirements of the relevant contract.

Remedies for inferior work

Under UAE law, a court must choose whether to mandate specific performance, that the contractor pays the employer's costs for hiring a third party to finish the job (also known as remedial work), or to terminate the contract and require the contractor to pay damages. The judge must be convinced that a given performance is impossible before determining compensation.

Experts’ involvement

Courts regularly hire experts to determine the best course of action for correcting faulty works, while Arbitral Tribunals seldom do the same.

Fact-sensitive cases

Cases involving construction faults are very fact-sensitive, and the best course of action will rely on the specific contract, the documents, and the facts of the case.

Prevention is better than cure

Construction flaws must be avoided since choosing the right solution for flawed work in the UAE is sometimes difficult during construction disputes. Investing in quality control systems, routine inspections, and effective project management can reduce the risk of construction disputes in the UAE.

Handling accusations of construction defects

Consider taking the following actions if you're dealing with a building fault claim in the UAE:

Assemble evidence: Gather any pertinent paperwork, such as the contract, the project plans and specifications, and any correspondence about the fault.

Engage experts: If required, seek the advice of professionals to evaluate the type and severity of the condition and offer advice on the best course of action.

Consider an alternative to litigation: Construction conflicts can be settled by informal negotiation, mediation, and expert decision.

Obtain legal counsel: Hire a construction lawyer to assist you with the legal procedure and, if required, advocate your interests in court or arbitration.

The roles played by the parties engaged in the project must be understood to fight against accusations of building fault. Getting a copy of the project agreement and making a diagram of the relationships between the parties are two ways to approach this problem. You can choose which parties you need to notify of the claim on behalf of your client after you are aware of the relationships between the parties. Many challenges and requests for continuances can be avoided by anticipating these problems at the outset of a litigation.

Construction fault claims in the UAE construction sector may be a challenging and divisive topic. Construction lawyers may successfully manage the difficulties of construction disputes in the UAE by investing in quality control methods, receiving expert guidance when necessary, and comprehending the legal environment.

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