Introduction
Engineering disputes have become one of the most frequent and complex forms of conflict in construction and infrastructure projects across the Middle East. These disputes arise at the intersection of technical engineering standards and contractual obligations, often involving multimillion-dollar claims, competing expert opinions, and highly detailed investigations into design, execution, and operational performance.
In a region characterized by rapid development, high-value projects, and an increasing reliance on specialized engineering systems — including MEP, automation, energy systems, industrial equipment, smart infrastructure, and advanced building technologies — engineering disputes are not only more common but also more technically demanding.
LEXARB provides a unique blend of legal and technical expertise that enables contractors, consultants, and project owners to navigate engineering disputes efficiently, strategically, and with maximum protection of their financial and contractual interests.
Understanding Engineering Disputes
Engineering disputes are disagreements that stem from issues related to:
- design errors or omissions,
- discrepancies between drawings and site conditions,
- failed inspections or testing,
- non-compliance with engineering standards,
- system failures during commissioning,
- material defects,
- scope-of-work disagreements,
- supervision or approval responsibilities,
- performance failures in mechanical, electrical, or structural systems.
These disputes are often complex because:
- they require interpretation of technical specifications,
- liability may be shared between several parties,
- the financial impact is typically significant,
- expert evaluation is essential.
Without proper legal guidance supported by technical analysis, parties can easily find themselves disadvantaged.
Why Engineering Disputes Are Common in the Middle East
- Rapid expansion of mega-projects
Cities such as Riyadh, Dubai, Doha, Jeddah, and Cairo are expanding at record speed. This creates pressure on:
- designers,
- contractors,
- subcontractors,
- approval authorities.
The accelerated pace increases the likelihood of mistakes, omissions, and inconsistencies.
- Frequent design changes
Owners frequently introduce changes due to:
- evolving project visions,
- integration of new technologies,
- regulatory revisions,
- unforeseen conditions on-site.
These changes often cause:
- delays,
- additional work,
- engineering conflicts,
- disputes over who is responsible.
- Incomplete or defective designs
Many disputes arise when:
- designs lack sufficient detail,
- engineering calculations contain errors,
- design assumptions do not match reality,
- BIM or shop drawings contradict IFC drawings.
In such cases, responsibility between consultant and contractor becomes a major point of contention.
- Commissioning failures
Systems may fail during final testing because of:
- improper installation,
- design flaws,
- incompatibility between systems,
- failure to meet required output,
- calibration and automation issues.
Commissioning disputes are common in:
- industrial plants,
- hospitals,
- data centers,
- desalination plants,
- power facilities,
- high-rise towers.
- Poor contract administration
Engineering disputes often escalate because:
- notices were not issued on time,
- site instructions were not recorded,
- variations were performed without approval,
- documentation was incomplete,
- communication between teams was informal.
LEXARB’s Engineering Dispute Resolution Services
- Comprehensive legal–technical dispute assessment
LEXARB begins every case with a dual analysis:
- Legal assessment:
contracts, obligations, liability allocation, notification requirements. - Technical assessment:
drawings, inspection reports, failure analysis, test results, expert investigations.
This integrated approach gives clients a decisive advantage.
- Engineering claims preparation and defense
LEXARB prepares and defends:
- delay claims,
- variation claims,
- disruption and prolongation claims,
- defective design claims,
- poor workmanship claims,
- commissioning failure claims,
- cost overrun claims.
Our claims are supported by solid evidence, calculations, and expert reasoning.
- Representation in engineering arbitration
LEXARB represents contractors and consultants in arbitrations before:
- ICC,
- LCIA,
- SCCA,
- DIAC,
- CRCICA,
- UNCITRAL tribunals.
Cases typically involve:
- structural failures,
- MEP system disputes,
- design liability,
- quality and compliance issues,
- delays related to engineering approvals,
- disputes over testing and commissioning.
- Technical negotiation and settlement
LEXARB excels in engineering-based negotiations, including:
- identifying technical weaknesses in the opposing party’s case,
- leveraging expert reports,
- proposing commercial settlements,
- drafting robust settlement agreements.
This often results in:
- cost savings,
- schedule recovery,
- avoidance of lengthy arbitration,
- preservation of working relationships.
- Support for government entities in engineering disputes
Government agencies frequently turn to LEXARB for help in:
- evaluating consultant and contractor errors,
- defending against inflated claims,
- identifying design flaws,
- determining responsibility for system failure,
- protecting public funds in large technical disputes.
- Support for international contractors and consulting firms
LEXARB assists private-sector clients by:
- preparing technical rebuttals,
- analyzing compliance with specifications,
- challenging site instructions,
- responding to defect notifications,
- defending against wrongful termination or penalties,
- resolving disputes involving international standards.
Case Study: Engineering Dispute in a 220 Million USD Industrial Facility
Project:
A state-of-the-art industrial processing facility in a Gulf country.
Issue:
A mechanical system failed repeatedly during commissioning.
The owner blamed the contractor for defective installation and demanded millions in damages.
Contractor’s position:
- the system was designed incorrectly by the consultant,
- design changes were imposed without proper evaluation,
- site conditions did not match the original drawings.
LEXARB’s intervention:
- Conducted a technical root-cause analysis.
- Reviewed design calculations and engineering assumptions.
- Engaged an independent mechanical expert.
- Demonstrated that the failure originated from a fundamental design flaw.
Outcome:
- majority of the liability shifted to the engineering consultant,
- contractor received over 85 million USD in compensation,
- dispute resolved without lengthy arbitration proceedings.
Why Clients Choose LEXARB for Engineering Disputes
- Combination of legal and engineering expertise
LEXARB understands:
- engineering standards,
- design procedures,
- construction methodologies,
- scheduling and delay analysis,
- technical documentation.
This multidisciplinary competence is rare and immensely valuable.
- Proven success in highly technical disputes
LEXARB has resolved disputes involving:
- petrochemical plants,
- power and desalination facilities,
- hospitals and medical systems,
- industrial manufacturing plants,
- high-rise commercial towers,
- complex MEP installations.
- Strong negotiation capabilities
LEXARB often resolves disputes before arbitration, saving:
- time,
- money,
- project relationships.
- Deep understanding of FIDIC and EPC frameworks
These are the primary contracts used in engineering-heavy projects across MENA.
LEXARB’s Practical Tips to Avoid Engineering Disputes
- Document any discrepancy between drawings and reality.
- Never execute changes without formal approval.
- Maintain complete inspection and testing records.
- Issue delay notices on time.
- Seek legal advice early when technical failures appear.
Conclusion
Engineering disputes require a unique combination of legal insight, technical understanding, and strategic positioning.
In a region that relies heavily on advanced engineering systems and large-scale construction, the ability to resolve such disputes efficiently is essential for project continuity and financial protection.
LEXARB stands as one of the region’s leading firms in engineering dispute resolution, representing contractors, consultants, and government authorities with unmatched expertise.
If you are dealing with an engineering dispute — or want to protect your contractual position before a conflict escalates — contact LEXARB for a confidential consultation with our arbitration and engineering dispute specialists.