Construction Profile

Construction and International Arbitration
Each party to a construction project requires timely support from a legal counsel who must have a strong understanding of the construction industry including the basic technical aspects, the project milestones, the approval’s structure, the statutory requirements, the contractor and owner responsibilities and accordingly the liabilities matrix under the contract and at law.

Our Technical Specialization: Our firm’s construction and arbitration team is not only specialized in legal professionals but also holds a solid background in engineering technical knowledge and project management on construction works which helps in practically understanding better the issues in hand and the needs of our clients, enabling us to tailor and accordingly advise on the best legal solutions.

Client Dealings: We advise and represented a large number of international and local players in the construction industry, including owners, developers, contractors, sub-contractors and material suppliers across the GCC from the drafting of project documentations up to the resolution of construction disputes giving us a unique understanding of the full life cycle of each construction project.

Our construction arbitration team’s experience ranges across all major sectors including infrastructure, oil & gas, transport, buildings and power and water projects.

Construction Contracts Expertise: We prepare and negotiate conditions for all major forms of construction contracts such as FIDIC main forms, the particular conditions as well as bespoke contracts, ancillary documents, concession contracts, joint venture agreements, technology supply, license agreements and operation and maintenance contracts.In advising on construction documentation, claims and disputes, our construction team closely works with the engineering, construction management and program professionals. We assist the clients with developing and implementing a successful project strategy, while also complying with the local legal and regulatory requirements. Our team has a solid understanding of project administration and risk management of construction projects. We also assist clients on contract administration and the management of claims arising during the course of a project.

Representing Construction Disputes: Large construction disputes mostly end up in international arbitrations which are legally complex and requires a law firm sound in both the legal as well as technical construction knowledge. Our team has a strong and hands on experience of international arbitration claims

coupled with in-depth project management and engineering know-how which enables us to present our client’s complex technical issues more efficiently and in a simplified way before the arbitration tribunals giving our client a clear advantage in the outcome of a dispute. Our team has a very strong command on both English as well as Arabic.

Arbitrations Forums: Our team has served clients in several high value claims (ranging in hundreds of millions USD) under various major international arbitration rules like the following:

• International Chamber of Commerce (ICC),
• London Court of International Arbitration (LCIA),
• Dubai International Arbitration Center (DIAC),
• Qatar International Court of Conciliation and Arbitration (QICCA).
• Bahrain Chamber for Dispute Resolution (BCDR).
• Ad-Hoc Arbitration Proceedings.

Nature of Disputes: While representing our clients, we protect their interests in connection with a full range of the construction liability issues including:

• Events / cause and effect analyses;
• decennial liability;
• variations validity;
• delay in completion liabilities;
• extension of time (EOT) / prolongation entitlement;
• delay related costs;
• acceleration costs;
• disruption costs;
• delay in payments;
• work suspension;
• unlawful termination;
• overhead expenses;
• force majeure and exceptional circumstances;
• performance and inefficiency;
• Environmental issues;
• Scope disputes;
• Liens;
• Design and construction defects;
• Statutory requirements:
• Surety bond claims;
• General liability;
• Professional liability.

Sectors: Our construction and arbitration team’s experience in legal support and dispute resolution ranges across all types of construction and infrastructure projects including:

• Highways
• Airports
• Renewable energy facilities
• Pipelines
• Power plants
• Skyscrapers
• Railways
• Bridges
• Hospitals
• Stadiums
• Water treatment facilities
• Resorts
• Manufacturing facilities
• Residential

Result Oriented Approach: We simply accomplish goals for our clients by creating result-oriented strategies that work in the fastest, most effective and most cost-efficient way.

Recent Arbitration Cases:The list of the most recent international arbitration cases, rules, seat and the issues for determination by the appointed arbitration tribunals are available on request.