Dispute Resolution in Construction and Infrastructure | LEXARB Experts

 

Introduction: Why Construction and Infrastructure Disputes Demand a New Generation of Resolution Strategies

Across the Middle East and North Africa — particularly in Saudi Arabia, the UAE, Qatar, and Egypt — construction and infrastructure projects have reached unprecedented levels of complexity. These are not traditional projects; they involve:

• integrated smart-city systems,
• major industrial zones,
• water desalination and energy facilities,
• metro and rapid-transit networks,
• aviation and logistics platforms,
• cross-border supply chains,
• digitally engineered designs and smart technologies.

With the scale and sophistication of these developments, disputes have become more frequent, more technical, and more expensive. Many disputes now involve:

• multimillion-dollar claims,
• conflicting technical evidence,
• multiple contractors and subcontractors,
• international suppliers,
• overlapping obligations under complex contract frameworks.

For this reason, the construction sector requires innovative, practical, and strategically sound approaches to dispute resolution.
LEXARB has become a leader in this field, offering clients proactive, structured, and technically informed solutions to resolve disputes efficiently.

 

1. Why Construction Disputes Differ from Other Commercial Disputes

Construction disputes have their own unique requirements due to the intersection of engineering, law, project management, and commercial obligations. Key differences include:

 

1. The Volume and Complexity of Documentation

A typical construction dispute may involve:

• drawings and specifications,
• variations and change orders,
• RFIs and site instructions,
• daily progress reports,
• technical submittals,
• financial statements,
• subcontract agreements,
• emails and correspondence spanning several years.

Managing and analyzing this information requires specialized expertise.

 

2. Highly Technical Issues

Technical disputes may concern:

• defective works,
• engineering design failures,
• performance issues with MEP or HVAC systems,
• materials non-compliance,
• low productivity or disruption events,
• complex delay and concurrency arguments.

Construction disputes frequently require the testimony of engineers, schedulers, quantity surveyors, and forensic experts.

 

3. Multiple Parties and Overlapping Responsibilities

In large projects, it is common to have:

• an employer or government entity,
• one or more main contractors,
• dozens of subcontractors,
• global suppliers,
• consultants and project managers,
• authorities issuing permits or approvals.

This creates a web of responsibilities, making disputes multi-dimensional and legally challenging.

 

4. Cross-Border and Multi-Jurisdictional Issues

Many projects involve:

• international contractors,
• foreign-manufactured equipment,
• offshore contracts,
• international funding,
• dispute resolution clauses referring to foreign seats or laws.

This adds a layer of complexity that requires counsel familiar with regional and international legal environments.

 

1. LEXARB’s Innovative Approach to Dispute Resolution in Construction and Infrastructure

LEXARB has developed a dynamic framework that combines legal expertise, engineering insight, and strategic planning. This approach ensures that disputes are addressed proactively rather than reactively.

 

1. Early Dispute Identification and Prevention

LEXARB focuses heavily on identifying disputes before they escalate. Early intervention reduces cost, preserves relationships, and protects project timelines.

Our early dispute management includes:

• reviewing notices and contractual compliance,
• analyzing early warning signs,
• advising on claim submissions,
• preventing procedural defaults under FIDIC and EPC contracts,
• guiding commercial negotiations.

 

2. Strategic Negotiation and Settlement Planning

Construction disputes do not always require arbitration or litigation. In fact, negotiation can often deliver results:

• faster,
• cheaper,
• and more commercially sustainable.

LEXARB uses structured negotiation tools by:

• analyzing risk for each party,
• identifying leverage points,
• preparing settlement summaries,
• proposing revised schedules or milestone adjustments,
• negotiating variation settlements.

 

3. Specialized Mediation for Technical Disputes

Mediation has grown significantly in the GCC and North Africa as an effective alternative to arbitration.

LEXARB offers:

• engineered mediation strategies,
• technical support during mediation sessions,
• preparation of mediation briefs,
• facilitation of multi-party discussions,
• bridging technical and contractual perspectives.

Mediation is especially effective in preserving long-term commercial cooperation.

 

4. Expert Determination for Rapid Technical Clarification

When disputes hinge on narrow technical issues, LEXARB assists clients with:

• appointing independent experts,
• preparing technical submissions,
• reviewing engineering disputes,
• using expert findings to resolve claims without full arbitration.

This mechanism is particularly powerful in EPC and government infrastructure contracts.

 

5. Claims Management and Forensic Analysis

LEXARB provides full claims management support, including:

• delay analysis (critical path, concurrency, windows analysis),
• quantum evaluation,
• disruption and productivity assessment,
• variation claims drafting,
• forensic examination of project records.

Our experts ensure the claims are presented logically, consistently, and supported by strong evidence.

 

6. Arbitration Advocacy for Complex Claims

When matters cannot be settled amicably, LEXARB represents clients in arbitration before:

• SCCA,
• DIAC,
• CRCICA,
• ICC,
• LCIA,
• SIAC,
• and UNCITRAL tribunals.

We provide:

• detailed Statements of Claim and Defense,
• cross-examination of technical experts,
• strategic management of evidence,
• preparation of witness statements,
• persuasive oral advocacy,
• comprehensive case management through the full arbitration cycle.

 

7. Litigation Expertise Before Regional Courts

LEXARB works extensively before:

• commercial courts,
• administrative courts,
• technical expert committees.

We handle:

• injunctions,
• enforcement of awards,
• technical judicial reports,
• multi-party litigation involving contractors, consultants, and suppliers.

 

III. Types of Construction and Infrastructure Disputes Managed by LEXARB

LEXARB handles a broad spectrum of disputes, including:

 

1. Delay and Time-Related Claims (EOT)

Typical causes include:

• design changes,
• late approvals,
• delays in material delivery,
• unforeseen site conditions,
• third-party disruptions.

 

2. Defects and Performance Disputes

These involve:

• poor workmanship,
• material non-compliance,
• failed commissioning tests,
• defective design,
• structural instability issues.

 

3. Variations and Change Order Disputes

Frequent issues include:

• changes in scope,
• disagreements over valuation,
• unclear contractual interpretation,
• late instructions.

 

4. Payment and Cash Flow Disputes

Often involving:

• withheld payments,
• under-certification,
• disagreements on measured quantities,
• deduction disputes.

 

5. Engineering and Design Responsibility Disputes

Including:

• incorrect calculations,
• coordination failures,
• clashes in MEP/civil designs,
• non-compliance with international codes.

 

6. Subcontractor and Supplier Disputes

A common source of claims due to:

• delays,
• non-payment,
• defective work,
• scope misalignment.

 

1. Case Studies Demonstrating LEXARB’s Innovative Strategies

 

Case 1: Industrial Facility – USD 45 Million Claim Resolved Through Structured Mediation

LEXARB’s strategy involved:

• identifying design delays caused by the engineer,
• preparing a technical mediation brief,
• leading negotiations.

Outcome: Favorable settlement without arbitration.

 

Case 2: Government Infrastructure Project – Quality Defect Dispute

LEXARB uncovered:

• design errors in consultant documentation,
• compliance of contractor’s work.

Outcome: removal of penalties and reinstatement of certification.

 

Case 3: Multi-Party Dispute in a Transport Project

LEXARB led:

• three-party mediation,
• coordinated engineering clarifications,
• structured a partial settlement.

Outcome: dispute resolved with no interruption to the project timeline.

 

1. Why LEXARB Is the Right Partner for Construction Dispute Resolution

✔ Hybrid legal–engineering expertise

✔ Advanced claims and forensic capabilities

✔ Multilingual team (Arabic, English, French, Russian)

✔ Strong experience in GCC and North African megaprojects

✔ Innovative, cost-effective dispute resolution tools

✔ Proven success in arbitration, mediation, and litigation

✔ Ability to manage multi-party, multi-contract disputes

LEXARB does not only resolve disputes — it protects projects, relationships, and commercial outcomes.

 

Conclusion: Construction Dispute Resolution Requires Strategy — LEXARB Provides It

In today’s highly technical and dynamic construction environment, disputes are inevitable.
What matters is how they are resolved.

LEXARB’s innovative, efficient, and technically grounded approach ensures:

• minimized risk,
• controlled costs,
• quicker outcomes,
• and protection of your long-term project interests.

If your construction or infrastructure project faces a dispute, contact LEXARB for a confidential consultation and a strategic resolution plan tailored to your case.