Delay claims
Disputes over responsibility for delay, extension of time entitlement, and associated costs.
Delay, defects, an unpaid invoice, or a disputed variation - construction disputes rarely resolve themselves. Get a clear view of your position.
MBM represents contractors, subcontractors, consultants, developers and owners in Dubai construction disputes - delay claims, defective work, payment disputes and variation order disagreements, whether the contract is FIDIC-form or bespoke. We work from the contract and the facts on the ground, not from assumption.
Construction disputes in the UAE turn primarily on the terms of the contract itself. FIDIC-form contracts are widely used as a matter of contractual choice, sitting alongside the general contract provisions of UAE civil law, currently the Civil Transactions Law (Federal Decree-Law No. 25 of 2025), which replaced the 1985 Civil Transactions Law. Whether a claim is heard in court or arbitration depends on the dispute resolution clause the parties agreed.
Delay, defects, payment and variation disputes are each assessed against the specific contract in question - there is no single formula that applies to every project. This page describes the general framework; it is not advice on your dispute.
UAE Legislation — uaelegislation.gov.ae · Dubai Land Department — dubailand.gov.ae
These are the situations that most often reach us. If yours is not listed, it is still worth a call.
Disputes over responsibility for delay, extension of time entitlement, and associated costs.
Claims connected to work that does not meet the contract standard, including defects-liability-period questions.
Recovery of sums due under the payment mechanism in the contract, including disputed certifications and withheld retention.
Disagreements over whether an instruction is a variation, and over the price or time adjustment that should follow.
Disputes connected to certification, instructions or design decisions made by the contract administrator.
Disagreements over the cause and allocation of a budget overrun, traced against the contract's price adjustment mechanism.
Disputes arising under FIDIC-form contracts specifically, including notice requirements and tiered dispute resolution.
Representation in the forum the contract specifies, whether that is the courts or arbitration.
Concrete steps, in the order they usually happen.
Notice provisions, time bars and the dispute resolution clause often decide a construction dispute before the merits are even reached.
We work through the project records - programme, instructions, correspondence - to establish what actually happened.
Many construction contracts impose strict notice requirements. We ensure claims are notified in time and in the right form.
Many construction disputes settle once the position is clearly and credibly stated.
Where the matter proceeds, we prepare and present the case in whichever forum the contract specifies.
You do not need any of this to call us - but having it ready makes the first conversation more useful.
Construction disputes are decided on notices, programmes and payment records. What makes the difference is a team that reads the contract the way a tribunal will.
General information, not advice on your dispute. Positions and procedures can change and depend on your specific facts and contract.
Delay, defects and non-payment are the three recurring categories - a project running late, work that does not meet the contract standard, or an invoice that is not paid. Many disputes involve more than one of these at the same time.
FIDIC forms are widely used in UAE construction projects as a matter of contractual choice, though they are not themselves UAE legislation. Where a FIDIC-form contract is used, its terms sit alongside the general contract provisions of UAE civil law, and both are relevant to a dispute.
Where a delay is caused by the employer, or by circumstances the contract allocates to the employer, a contractor may have grounds to claim an extension of time and, depending on the contract terms, associated costs. Whether a claim succeeds depends on the contract and the facts causing the delay.
Defects claims generally require identifying the defect, establishing responsibility under the contract, and assessing the cost of remedy. Depending on the contract, a defects liability period may also apply.
Recovery generally starts with the payment mechanism set out in the contract, escalating to a formal demand and, where necessary, a claim or arbitration if the contract provides for it. See debt recovery for the parallel civil recovery route where relevant.
A variation order is an instructed change to the scope of works. Disputes commonly arise over whether an instruction constitutes a variation, and over the price or time adjustment that should follow. The contract's variation mechanism is usually the starting point.
Yes. Many construction contracts, particularly FIDIC-form contracts, provide for arbitration rather than court litigation. Whether arbitration applies depends on the dispute resolution clause in the specific contract.
Yes, though not in the same matter. MBM advises contractors, subcontractors, consultants, developers and owners, which gives a practical understanding of how these disputes are argued from both sides.
Cost overrun disputes usually require tracing the overrun back to its cause - a variation, a delay, a design change, or a costing error - and matching that against the contract's mechanism for adjusting price.
The initial consultation with MBM is free. Cost thereafter depends on the value and complexity of the dispute, and whether it proceeds by negotiation, litigation or arbitration. MBM provides a scope and fee position before you instruct.
Tell us briefly about your matter. Our team will review your enquiry and advise you on the appropriate next step. Everything you send is treated as confidential.
A member of the MBM team will review what you have sent and come back to you with the appropriate next step.
Whether the issue is delay, defects, payment or a variation, the earlier the contract and the record are reviewed, the more options remain open. The first consultation is free.