Engineering Dispute Resolution & Arbitration | LEXARB Legal

Introduction: Engineering Claims Are Not Just Contractual Issues — They Are Technical Battles Requiring Precision

Engineering projects—whether in construction, infrastructure, energy, industrial plants, or cross-border developments—inevitably generate claims rooted in technical complexity. Delays, variations, design changes, conflicting specifications, unexpected site conditions, cost overruns, equipment performance issues, and coordination failures all form the basis of engineering-related disputes.

Unlike simple contractual disagreements, engineering claims require a deep understanding of engineering principles, technical evidence, project documentation, and international contract structures such as:

• FIDIC (all major books),
• EPC and EPCM frameworks,
• Design-Build and Design-Build-Operate models,
• PPP and concession agreements,
• Government procurement regulations.

LEXARB specializes in resolving engineering claims through a combination of expert negotiation, strategic claim preparation, and world-class arbitration advocacy. Our multilingual team—proficient in English, Arabic, French, and Russian—serves contractors, consultants, developers, government bodies, and joint-venture partners across the GCC, MENA, Africa, and Europe.

 

1. Understanding Engineering Claims: The Technical Core of Project Disputes

Engineering claims often arise from events that disrupt the intended technical sequence or performance of the project. They involve both legal and engineering dimensions, making them some of the most challenging disputes to manage.

1. The Most Common Engineering Claims
2. Design Liability Claims

These occur when:

• drawings are incorrect or incomplete,
• design development lags behind construction progress,
• the design contains inconsistencies or conflicts,
• engineering assumptions prove inaccurate.

2. Delay and Disruption Claims

A technical dispute often requires:

• CPM (Critical Path) analysis,
• demonstration of causation,
• production records,
• manpower and equipment logs,
• expert schedule analysis.

These claims can arise due to:

• late approvals,
• engineering backlogs,
• changes or rework,
• access restrictions,
• sequencing conflicts.

3. Claims Related to Variations

Engineering claims often involve:

• scope growth,
• additional technical requirements,
• equipment modifications,
• unforeseen design obligations.

4. Performance and Quality Claims

Issues include:

• equipment underperformance,
• failure to meet output specifications,
• defective engineering,
• material failures.

5. Claims Due to Unexpected Site Conditions

For example:

• geotechnical surprises,
• environmental conditions,
• utility conflicts,
• soil contamination.

These require technical assessment, not just legal argument.

6. MEP, Structural, and Civil Engineering Claims

Coordination failures between multiple disciplines often lead to:

• rework,
• productivity loss,
• system incompatibility,
• commissioning delays.

 

2. Why Engineering Claims Require a Specialized Legal Team

Engineering claims are not generic disputes; they involve detailed examination of:

• technical deliverables,
• engineering reports and logs,
• design review cycles,
• shop drawings,
• specifications and standards,
• as-built records,
• testing and commissioning data.

1. Technical Evidence Must Be Narrated Legally

A claim cannot succeed solely on engineering merit.
It must also demonstrate:

• entitlement under the contract,
• compliance with notice procedures,
• correct interpretation of FIDIC/EPC clauses,
• a clear causal link between events and loss.

1. Employers Often Resist Engineering Claims

Resistance may be due to:

• high cost implications,
• design responsibility concerns,
• fear of admitting fault,
• audit constraints,
• internal politics.

1. Without expert negotiation and legal structure, even strong claims may fail

LEXARB ensures claims are:

• documented,
• supported by technical experts,
• procedurally compliant,
• strategically presented.

 

3. LEXARB’s Engineering Claim Resolution Framework

Our approach integrates engineering, legal, and project management disciplines.

1. Technical Investigation and Claim Diagnosis

LEXARB begins by examining:

• original design and revisions,
• logs of RFIs, NCRs, and site instructions,
• delay causation charts,
• engineering coordination records,
• quality documentation,
• change directives.

We identify:

• strengths and weaknesses of the claim,
• entitlement under the contract,
• required expert input,
• most favorable dispute-resolution pathway.

1. Expert Claim Preparation

We structure claims that are:

• technically robust,
• financially supported (quantum),
• legally sound,
• strategically positioned.

Claims prepared by LEXARB include:

• detailed narrative submissions,
• technical justifications,
• delay and disruption analysis,
• financial calculations,
• graphical schedules and diagrams.

1. Expert Negotiation for Early Resolution

Engineering disputes often escalate because the technical issues are misunderstood or miscommunicated.

LEXARB adds value by:

• translating technical issues into strategic negotiation points,
• leading technical–legal meetings,
• preparing negotiation scripts,
• managing communication with employer representatives,
• identifying potential settlement ranges.

1. Engineering Dispute Boards (DAB / DAAB)

For major FIDIC-based projects, LEXARB prepares submissions before DAB/DAAB panels.
This includes:

• position papers,
• expert evidence,
• witness preparation,
• oral presentations.

1. Arbitration for Engineering Disputes

When negotiation fails, we represent clients in complex engineering arbitrations under:

• ICC,
• LCIA,
• SCCA,
• DIAC,
• CRCICA,
• UNCITRAL.

Engineering arbitration requires:

• mastery of technical cross-examination,
• expert conferencing (hot-tubbing),
• complex modeling and schedules,
• detailed procedural tactics.

LEXARB excels in these areas.

 

4. Case Study: How LEXARB Resolved a Complex Engineering Claim Worth USD 28 Million

A multinational contractor faced a dispute involving:

• late approvals by the engineer,
• inconsistent design documentation,
• conflicting MEP and structural layouts,
• massive rework costs.

The employer denied responsibility, claiming the contractor failed in coordination.

LEXARB’s strategy included:

1. Mapping all RFIs and unresolved design issues, demonstrating responsibility fell on the employer’s consultant.
2. Producing a forensic engineering timeline, correlating delays with late design outputs.
3. Developing a disruption model to quantify productivity losses.
4. Negotiating aggressively based on detailed technical evidence.

Outcome:

• 72% of claimed costs were recovered through negotiation,
• contractor received a time extension preventing LAD penalties,
• arbitration was avoided entirely.

 

5. Practical Scenario: The One Drawing Revision That Changed the Outcome

During a dispute about rework relating to structural beams, the employer argued the contractor misinterpreted the design.

LEXARB identified a single drawing revision (Rev C → Rev D) showing a shift in beam alignment not communicated formally.
This proved:

• the employer’s consultant had altered the design,
• the rework was not the contractor’s fault.

The employer settled the claim within three weeks.

Lesson:
Engineering disputes often turn on technical details that only experienced legal–engineering teams can uncover.

 

6. Why Clients Choose LEXARB for Engineering Claim Resolution

✔ Combined Legal and Engineering Expertise

✔ Proven negotiation strategies that prevent escalation

✔ Detailed technical knowledge of FIDIC, EPC, and engineering standards

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

✔ Strong record in complex engineering arbitrations

✔ Ability to simplify highly technical disputes for decision-makers

✔ Tailored solutions for private and government-sector projects

LEXARB’s ability to operate at the intersection of engineering and law gives clients a decisive advantage.

 

Conclusion: Engineering Claims Are Won by Precision — LEXARB Delivers Strategic, Technical, and Legal Excellence

Engineering claims require more than legal argument—they demand:

• engineering fluency,
• strong documentation,
• expert presentation,
• procedural compliance,
• negotiation intelligence,
• arbitration proficiency.

With LEXARB, clients benefit from a holistic approach that protects their contractual, technical, and financial interests at every stage of the dispute.

If you are facing an engineering-related dispute, design issue, delay, variation claim, or technical disagreement, contact LEXARB for a confidential consultation.
Our expert negotiators and arbitration lawyers are ready to resolve your engineering claims with precision and strategic focus.