Construction Defects & Liability Lawyer in Dubai

A defect that surfaces after handover doesn't always mean the claim window has closed. Between the contractual defects liability period and the decennial liability imposed by UAE law, owners often have more recourse than they realise — and contractors more exposure than they'd like.

Most construction contracts include a defined defects liability period, typically 12 months from practical completion, during which the contractor is obliged to remedy defects at its own cost. But structural defects affecting a building's stability or safety fall under decennial liability under the UAE Civil Code, which runs for ten years and applies jointly to the contractor and the design consultant regardless of what the contract itself says.

Establishing liability requires more than pointing to a crack or a leak. It typically involves technical investigation into the cause — design failure, workmanship, defective materials, or a combination — since liability, and who bears it between contractor and consultant, often turns on that causation analysis.

We act for owners and developers pursuing defects claims, and for contractors and consultants defending against them, working with structural and technical experts to establish cause, quantify remediation costs, and pursue or defend the claim through negotiation, arbitration, or litigation.

How We Handle Defects and Liability Claims

1. Defect Assessment and Contract ReviewWe review the defect, the contract's defects liability provisions, and whether it may also fall within decennial liability, to identify every available basis for the claim.
2. Technical InvestigationWe instruct structural or technical experts as needed to establish the cause of the defect and whether it stems from design, workmanship, materials, or a combination.
3. Notice and Formal ClaimWe prepare and serve the formal defects notice or claim, ensuring it meets contractual notice requirements and preserves the decennial liability position where relevant.
4. Liability AllocationWhere multiple parties are involved — contractor, subcontractor, and design consultant — we work through causation to establish who is actually responsible and in what proportion.
5. Remediation Cost QuantificationWe work with quantity surveyors and technical experts to quantify the cost of remediation, ensuring the claim reflects the actual scope of repair required.
6. Negotiation or Dispute ResolutionWe pursue settlement where possible, and prepare the claim or defence for arbitration or litigation where the parties can't agree on liability or remediation costs.

When to Bring in a Defects and Liability Lawyer

• A structural defect has appeared after handover and you need to understand whether decennial liability applies.
• The contractual defects liability period has expired, but the defect only became apparent afterward.
• You've received a defects notice or claim and need to assess your exposure as contractor or consultant.
• A defect's cause is disputed between the contractor, subcontractor, and design consultant, and liability needs to be allocated.
• You're a purchaser or subsequent owner of a building and have discovered a defect that predates your purchase.
• Remediation costs are disputed and you need an independent assessment to support or challenge a claim.

Services We Provide

• Decennial liability claims under Article 880 of the UAE Civil Code
• Defects liability period claims and disputes
• Technical investigation coordination with structural experts
• Liability allocation between contractors, subcontractors, and consultants
• Remediation cost quantification and claim preparation
• Defence of defects and decennial liability claims for contractors and consultants
• Negotiation and dispute resolution for defects disputes

Frequently Asked Questions