Construction business is considered as the leading industry in the UAE. In this regard, we discuss the works involved in full projects, such as the construction of real estate property, villas, factories and warehouses. In such cases, the contractor shall build the intended real estate property in accordance with the owner’s requirements and the contract concluded between the parties. Such requirements and contracting aspects usually lead to many disputes related to delays in delivery, amendments during the execution of work, delays in obtaining the approval of the project consultant or the consultant’s refrain from approving project batches and other disputes that usually arise in such large works.
Nour Attorneys & Legal Consultants team relies on its long, extensive experience in representing clients concerning construction disputes, either in the dispute stage, through amicable settlement attempts before resorting to litigation procedures, or by representing the client before the courts.
First: Legal Services Provided during the Execution of Works for the Client:
Nour Attorneys & Legal Consultants team accurately provides legal consultation services regarding construction works to both the contractors and owners or to the consultants appointed by them in order to ensure the legality of the followed procedures in regard to the execution of construction work as well as proving the delays of any party by sending e-mails detailing the unjustified delays by the contractor, the delays of payment by the owner, or the delays of the consultant regarding approvals. Such concerns on delay shall be accompanied by a claim for compensation for the owner and extending the period of the execution of works for the contractor.
Moreover, our lawyers and legal consultants guide each party, depending on the client that we represent taking into consideration conflicts of interests, regarding the procedures that should be followed as a guarantee for the rights of each party, the maintenance of their rights and to ensure the collection of rights in case if a dispute arises upon the completion of the project. Such guidance includes:
A- Guidance directed to the contractors, such as, for example:
1- Notifying the team working on the project management of the necessity of sending all the excuses and reasons for the delay on the same day to be an argument if the owner decided to claim delay later after the completion of the project or if he decided to resort to courts.
2- Regulating the mechanisms of notification of the disruption of work for reasons due to the granting bodies of building permits, such as notifying the owner of the change in the requirements of the government agencies, requesting re-making new amendments or designs or reasons for the delay in obtaining the license on time.
3- Notifying the owner periodically of the reasons for the delay, attaching the supporting images, and sometimes, including photos of repairs on the road leading to the construction, photos of the road shutdown due to rains and floods or photos of paving works and road repairs in the case of denying the contractor access to the construction site.
4- In case of accepting carrying out additional work on the behalf of the owner or the consultant, the owner and the consultant shall be notified of such matters. You should also state that you provide such assistance in carrying out additional tasks due to the impossibility of their execution by the owner, and not because they are included within the scope of the contractor’s duties to ensure exemption from delay in case of non-completion, unless such tasks were paid and the contractor is obliged to do it under an agreement.
5- You should always make sure to send periodic reports that are provided with photos to the owner or the consultant regarding the completion ratios and their statues. Hence, this can be used as an argument in case if the owner or the consultant claimed you delay in completion ratios is proportion with the work carried out by the contractor.
6- You should always notify the owner that delays in the payments will lead to delays in work and reduce labor and lead to the inability to provide materials. However, if the payments were made on time, things shall be different. Such matters shall be notified during the execution of the project and not after the completion of the project.
7- Other matters depending on the progress of the project.
B- Guidance directed to the owners or consultants, including:
1- Instructing them on the necessity of making a list of all unjustified delays and irregularities, in addition to requesting the contractor to provide all the necessary guarantees for the timely execution of works for this to be used as an argument if the dispute arises after the completion of the project.
2- The necessity of agreement between the owner and the contractor or the permissible additional periods granted to the contractor in case of any delays in approvals, payments or facilitating the process of access to the site by the owner. This aims at ensuring the determination of permissible delays during the construction period.
3- Obtaining the approval of the contractor to the objections or requesting a statement of reasons for the delay at each stage of estimating the percentage of completion, in order to prove the rights of the owner and not to dispute the percentages of completion later.
4- Other matters according to the progress of the project.
Second: Legal Services That We Provide to Clients in Case If the Dispute Was Referred to the Court
In case if the dispute cannot be resolved amicably between the parties after the completion of the project, our team of legal consultants at Nour Attorneys & Legal Consultants specializes in representing our clients in such disputes, with the assistance of a team of engineers and experts to consider technical aspects and prepare technical reports in proportion to the size of the project and the claim. This is done to ensure the presence of engineering experts or technical consultation reports by the client to support his position before the courts and construction and engineering expert committees that may be assigned by the court.
Nour Attorneys & Legal Consultants works in harmony with a team of engineering consultants who are specialized in construction and engineering-related lawsuits to prepare consultancy reports and construction claims, taking into consideration both the technical and the legal aspects.
In a nutshell, you can always make use of our legal services in construction-related lawsuits and in managing relations with the other parties in construction disputes.
August 4, 2021
July 3, 2021