Introduction: Why Construction Claims Require Specialized Legal Expertise
Construction projects across the GCC, Middle East, and North Africa are becoming larger, more complex, and more technically demanding. Mega-projects involving international contractors, complex design coordination, and multi-tiered subcontracting chains have significantly increased the frequency and scale of construction claims.
From delayed payments and variations to extension-of-time (EOT) claims, disruption, acceleration, and wrongful termination disputes, contractors and developers now operate in an environment where clear documentation, expert legal strategy, and strong contractual enforcement are essential.
A construction claim lawyer is not simply a dispute handler—he or she is a strategic advisor who ensures that:
- your contractual rights are preserved,
- your claims are documented and supported,
- your payment entitlements are enforced,
- your risks are mitigated early,
- your disputes are resolved efficiently,
- and your position is strong whether in negotiation, adjudication, or arbitration.
LEXARB, with multilingual experts in construction law and international arbitration, assists contractors, developers, public authorities, consultants, and joint ventures in navigating and enforcing their rights under construction contracts locally and internationally.
Understanding Construction Claims: A Critical Component of Project Success
Construction claims can arise at any point during the project lifecycle. They are not simply “legal issues”; they reflect project management challenges, technical disruption, cost impacts, and the contractual allocation of risk.
Common Types of Construction Claims
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Payment Claims
These include:
- delayed interim payments,
- under-certified amounts,
- wrongful deductions,
- disputes over remeasurement,
- retention release issues,
- late payment penalties.
Payment issues often disrupt cash flow, affecting the entire contractual chain.
-
Extension of Time (EOT) Claims
EOT claims arise due to:
- late approvals,
- design changes,
- regulatory delays,
- force majeure,
- employer-caused disruption,
- variations that affect the critical path.
A strong EOT claim avoids liquidated damages and protects the contractor from unjust penalties.
-
Acceleration and Disruption Claims
These claims involve:
- loss of productivity,
- resequencing of works,
- out-of-sequence execution,
- instructions causing inefficiency,
- additional resources required to recover delays.
-
Variation and Change Order Claims
Disputes arise regarding:
- entitlement,
- valuation,
- impact on time and cost,
- compliance with notice requirements.
-
Defect and Quality Claims
Including both employer claims and contractor counterclaims.
-
Termination and Suspension Claims
Wrongful termination or suspension is a major source of arbitration cases.
These claims require legal precision and thorough documentation.
Why Construction Claims Are Difficult to Enforce Without Legal Expertise
It is not enough to have a legitimate claim; the real challenge lies in:
- proving entitlement,
- meeting procedural notice deadlines,
- presenting technical evidence,
- quantifying delay and financial impact,
- countering employer defenses,
- navigating FIDIC and regional regulations.
The Problem of Procedural Noncompliance
Many contractors lose valid claims because they:
- did not submit notices on time,
- failed to update their delay analysis,
- lacked sufficient substantiation,
- did not follow the claims procedure in the contract.
LEXARB’s lawyers ensure procedural compliance from day one.
Technical Complexity
Claims often require:
- critical path analysis,
- cost calculations,
- loss of productivity studies,
- expert reports.
The legal and technical elements must align perfectly.
Employer Resistance
Employers often resist claims due to:
- budget constraints,
- political or audit pressure,
- dispute avoidance policies,
- internal approval delays.
A strong legal strategy is essential to overcome these barriers.
How LEXARB Supports Clients in Enforcing Construction Claims
LEXARB’s approach integrates legal expertise, technical understanding, and negotiation strategy.
Early Claim Strategy and Documentation
We help clients:
- identify potential claims early,
- prepare compliant notices,
- maintain updated project records,
- gather technical documentation,
- avoid procedural pitfalls.2
Preparing and Substantiating Claims
We structure claims using:
- coherent narrative logic,
- technical evidence,
- delay and quantum analysis,
- legal interpretation of the contract,
- comparative analysis of international best practices.
Negotiation and Dispute Avoidance
Many claims can be resolved without escalation.
LEXARB advises on:
- claim presentation strategy,
- executive negotiation,
- commercial settlement options,
- mediation where appropriate.
Dispute Adjudication Boards (DAB/DAAB)
For FIDIC-based projects, LEXARB prepares full submissions for adjudication, including:
- statements of case,
- counterclaims,
- expert coordination,
- hearings and responses.
Arbitration Representation
If a claim escalates, our lawyers represent clients before:
- ICC,
- LCIA,
- SCCA,
- DIAC,
- CRCICA,
- UNCITRAL tribunals.
We handle all stages:
- memorials and evidence,
- cross-examination,
- expert conferencing,
- enforcement of arbitral awards.
Enforcement of Payment Rights
For payment disputes, we assist clients in:
- enforcing contractual payment obligations,
- pursuing outstanding amounts,
- compelling certification,
- negotiating release of retention,
- enforcing awards or adjudicator decisions.
A Realistic Scenario: How LEXARB Saved a Contractor from Unjust Liquidated Damages
A contractor on a major road project in Saudi Arabia faced SAR 35 million in liquidated damages for alleged delays.
However, LEXARB identified several issues:
- The employer issued late approvals affecting the critical path.
- Variations were instructed informally, but impacted timeline significantly.
- The contractor’s notices were deemed insufficient, yet the employer failed to respond.
- The project records supported substantial excusable delays.
LEXARB prepared an EOT claim supported by technical delay analysis.
Outcome:
- Full relief from liquidated damages,
- Recognition of 120 days of excusable delay,
- Approval of additional costs,
- Restoration of cash flow.
Anecdote: A Single Email That Saved a USD 10 Million Claim
During a dispute involving disruption and resequencing, the employer argued the contractor failed to notify.
LEXARB discovered an early coordination email stating:
“We anticipate major disruption if instructions proceed without adjustment.”
This email met the contractual definition of notice.
The tribunal accepted it.
Lesson:
Good lawyers don’t just know the law—they know where to find the evidence.
Why Clients Choose LEXARB as Their Construction Claim Lawyers
- Deep Expertise in Construction Law
- Strong Knowledge of FIDIC, EPC, and complex engineering structures
- Multilingual team (Arabic, English, French, Russian)
- Extensive arbitration success record
- Strong technical understanding of delay, disruption, and quantum
- Commercially strategic advice
- Tailored support for contractors, developers, and public authorities
LEXARB provides not only legal services but strategic insight that directly affects project performance and financial stability.
Conclusion: Enforcing Your Contractual and Payment Rights Requires Precision — LEXARB Delivers It
Construction claims are challenging, technical, and often contentious. They require:
- strong legal knowledge,
- exceptional documentation,
- understanding of engineering principles,
- persuasive advocacy.
LEXARB delivers a full-spectrum solution—from early claim identification to arbitration enforcement—to protect your rights and ensure your contractual entitlements are honored.
If you are facing a construction claim dispute, delayed payments, contract interpretation issues, or need strategic claim preparation, contact LEXARB for a confidential consultation.
Our construction claim lawyers are ready to protect your position and enforce your rights effectively.