- Defective Construction Work Claims
- Structural Defect Litigation
- Contractor Defect Liability Disputes
- Engineering Design Negligence Claims
- Architect Professional Negligence Claims
- What to do next
- FAQ
Eighteen months after handover, water is coming through the slab of a basement car park. The management company has a consultant's report, the contractor says it was built to drawings, and the designer says the contractor changed the waterproofing detail.A representative scene, not a reported case.
01Defective Construction Work Claims
A defect is work that does not meet the contract specification or the standard required. The employer can require rectification, deduct the cost, or claim compensation, depending on the contract.
Photographs, snag lists and inspection reports at handover and after are the evidence. We advise on the notice to the contractor and on preserving the defect for expert inspection, so that remedial work does not destroy the proof.
02Structural Defect Litigation
Structural defects are those affecting stability or safety. UAE civil law imposes joint liability on the contractor and the engineer or architect for a period of ten years from handover for collapse and for defects that threaten the building's stability or safety.
These cases rely on court-appointed expert reports, and the claim period and conditions need careful checking against the current text of the law. The claimant can include owners, developers and in some cases owners' associations.
Discuss Your Construction ClaimSend us the contract or the key messages and we will tell you where you stand.
WhatsApp us03Contractor Defect Liability Disputes
The defects liability period gives the contractor the right and duty to fix defects that appear after completion. Disputes arise when defects are said to be outside the contractor's scope, or the contractor did not return to fix them.
We review the contract's defect clauses, the notices served and what the contractor did. If the contractor fails to rectify, the contract may allow the employer to engage others and recover the cost.
04Engineering Design Negligence Claims
Design negligence is a failure to meet the standard of a competent engineer, for example wrong calculations, inadequate specifications or failure to coordinate disciplines.
We need the design brief, the drawings and the review comments. Liability can be contractual or arise under general civil law. Note that professional indemnity insurance may be a practical source of recovery, so notification deadlines under the policy matter.
05Architect Professional Negligence Claims
Architects owe duties in design and, where engaged, in supervision and certification. Claims commonly involve defective details, failure to supervise, and wrongful certification of work.
The claimant must link the architect's act or omission to the loss. We consider the appointment terms, the scope, and whether other parties also contributed. See also construction contract disputes.
What to do in the next 48 hours
- Document before repairingPhotograph and record the defect, and ask an engineer to inspect before any remedial work is carried out.
- Notify in writingNotify the contractor, designer and any insurer in writing, as the contract and policy require.
- Instruct an independent expertA short report early identifies cause and responsibility and guides the claim.
Documents we ask for first
- Contract, specification and drawings
- Handover certificates and snag lists
- Inspection and test reports
- Photographs and videos with dates
- Appointment terms of designers and supervisors
- Insurance policies and notifications
Questions we are asked
Who is responsible for a structural defect?
In general terms, the contractor and the supervising engineer or architect can be jointly liable for a period set by law. The details of scope, period and exceptions need to be checked on your facts.
Can I withhold retention for defects?
If the contract allows and the defects are real and notified. We check the clause and your records.
Do I have to prove negligence?
Often you need to show a failure to meet the required standard and a link to the loss. Technical expert evidence is usually needed.
Related disputes
Ready to talk it through?Have the contract, the latest message and any notice in front of you. Call or WhatsApp is fine.
Call nowThe ten-year structural liability rule is stated in general terms. UAE civil legislation has been revised recently, so the exact provision and period are checked against the current text before we advise on a specific claim. This page is general information, not legal advice.