Construction disputes can halt projects, damage relationships, and cost millions. At DY Lawyer and Legal Consultants, we have resolved hundreds of construction conflicts across UAE. In this article we will walk you through construction disputes from prevention to resolution.
At DY Legal Consultants, leading construction lawyers in Dubai, we help our clients when it comes to construction disputes and contractual obligations.
Construction disputes are legal conflicts between parties involved in building projects.
They can involve:
- Contractors vs. Clients– Disputes related to payment delays, changes in scope of work and quality issues.
- Main Contractors vs. Subcontractors– Subcontractors may fail to work on time or meet quality standards, causing project delays. Also, subcontractors often face delayed or withheld payments despite completing their work.
- Suppliers vs. Contractors- Late delivery of materials disrupts construction schedules. Contractors may reject materials that do not match agreed quality.
Get professional advice – Our Construction lawyers at DY Legal Consultants provide comprehensive legal services in UAE for real estate investors and property owners.
Common construction disputes in UAE
- Payment Disputes – Situations such as late payment by clients and final account settlement issues may lead to disputes.
- Delay Claims- The common causes for such type of disputes can be weather conditions, material delivery delays, design changes and permit approval delays.
- Quality and Defect Issues- Substandard materials, poor workmanship, non-compliance with specifications and safety standard violations may lead to such types of disputes.
Resolving Construction Disputes
- Document everything- Collect correspondence (emails, letters, WhatsApp messages), take photos and videos of disputed work, compile payment records and invoices, document project timelines and delays.
- Attempt direct negotiation- Reach out to the other party, arrange face-to-face discussions, outline your claims and supporting evidence, negotiate terms and if it works out then document the settlement agreement.
- Engage legal representation- If negotiation fails, the other party is non-responsive and if legal compliance issues arise then without any delay let the legal expert handle the situation.
The importance of legal framework
- Federal Law No. 5 of 1985 (the Civil Transactions Law)- Construction contracts in the UAE are typically governed by the UAE Civil code. These laws establish the fundamental principles of contract formation, performance, and breach: The relevant provisions are :-
- Article 246 “Contracts must be performed in accordance with their contents and in a manner consistent with the requirements of good faith.”
- Article 267 “A binding contract cannot be revoked or modified except by mutual agreement or by law.”
- Article 272 “In cases of non-performance, the aggrieved party may demand termination and/or compensation.”
- Article 890 (2) relating to sub-contracting, “The contractor, in such a case, shall remain responsible towards the master of the work.”
- Article 891 “The subcontractor may not have a claim against the master, as regards the dues of the first contractor, unless the latter refers him to the master”
- Building permits and approvals in the UAE – Obtaining a building permit is a mandatory requirement before commencing any construction project in the UAE. The permit is issued by the relevant municipality or planning authority, which reviews the project plans and ensures compliance with building codes and regulations. The application process typically involves submitting detailed drawings, specifications, and other supporting documents.
How DY Legal Consultants help?
At DY Lawyers and Legal Consultants, when clients approach us, we review documents such as construction agreement, quotations and snagging lists and then decide the appropriate legal remedy.
Scenario 1: One of our clients engaged a construction company for the fit-out of his house. Although the company initially committed to completing the work within one month, the work remained unfinished even after a year, and additional damage had been caused. The construction company admitted to these delays through WhatsApp messages. Following our negotiations and discussions with them, they acknowledged their responsibility, agreed to address the snag list, and provided a timeline for completing the pending work.
Scenario 2: Another client, who had rented a premises for his business, engaged the services of a contractor who claimed to be authorized. Later, our client discovered that the contractor was not approved by DIEZ and had instead subcontracted the work without permission. DY Lawyers stepped in, conducted an initial meeting, and clarified that even if the main contractor subcontracted the work, the main contractor remains legally responsible for the delays, performance issues, and compliance requirements.
Scenario 3: A contractor began work for one of our clients but abandoned the project midway without providing any valid reason. Despite receiving advance payments, the contractor failed to return to the site, resulting in significant delays and financial loss. DY Lawyers intervened by documenting all breaches, initiating legal proceedings before the court, and actively pursuing the client’s claims. As a result, we achieved a successful outcome, securing the client’s right to recover damages and costs for the incomplete work.
At DY Lawyers, the leading construction lawyers in Dubai, we step in to protect clients at every stage of a construction case, from safeguarding their interests before they commit to a project to defending their rights when delays, defects, or disputes arise.
Approach at DY Legal Consultants
- Rapid Response-We act within 24 hours of your call
- Local Expertise- Deep understanding of UAE construction industry
- Proven Results- 90% success rate in construction dispute resolution
- Bilingual team (Arabic and English)
- Transparent pricing- No hidden fees or surprises
Conclusion
At DY Lawyers and Legal Consultants, we are proud to be recognized among the best construction dispute lawyers in the UAE. With our comprehensive legal expertise, transparent services, and client-focused approach, we strive to provide clarity, protection, and effective resolution in every construction dispute you face.
Disclaimer: The content in this article is provided for informational purposes only and does not constitute legal advice.