Introduction
Infrastructure mega-projects are transforming the Middle East and North Africa region. Governments are investing heavily in highways, bridges, airports, metro networks, desalination plants, renewable energy stations, logistics hubs, economic zones, and cross-border transport corridors. These projects are central to national visions such as Saudi Vision 2030, UAE federal transformation initiatives, Qatar’s infrastructure expansion, and Egypt’s New Administrative Capital.
However, as the scale of these projects increases, so does their legal complexity. Infrastructure law involves the intersection of engineering, finance, regulatory frameworks, and sophisticated international contracting models.
Examples include:
- PPP, BOT, and BOOT structures,
- FIDIC Red/Yellow/Silver Book agreements,
- EPC and EPC+ contracts,
- multi-layer subcontracting chains,
- state guarantees and financing arrangements.
Given these dynamics, legal support from experts who understand both the technical and commercial dimensions becomes essential.
LEXARB provides specialized advisory services for infrastructure law and contractual issues, helping clients minimize risk, enhance contract performance, and resolve disputes efficiently.
Understanding Infrastructure Law
Infrastructure law governs every legal aspect of planning, funding, building, operating, and maintaining major public and private development projects.
It covers:
- public procurement laws,
- concession regulations,
- PPP frameworks,
- construction and engineering regulations,
- environmental and safety laws,
- licensing and approvals,
- international contracting standards,
- dispute resolution and arbitration.
Mega-projects involve complex relationships between:
- government authorities,
- international contractors,
- lenders and investors,
- consultants,
- suppliers and operators.
Each of these parties has specific rights, obligations, and liabilities — making infrastructure law a critical discipline for project success.
LEXARB’s Comprehensive Infrastructure Law Services
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Drafting and reviewing complex infrastructure contracts
LEXARB assists with the preparation and review of:
- PPP, BOT, BOOT contracts,
- concession agreements,
- FIDIC-based infrastructure contracts,
- EPC/EPC+ agreements,
- O&M contracts,
- joint venture and consortium agreements,
- engineering consultancy contracts.
LEXARB ensures that all agreements are structured to:
- allocate risks appropriately,
- define performance obligations clearly,
- include robust change-management procedures,
- protect financial and operational interests,
- prevent future disputes.
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Regulatory and compliance advisory
Mega-projects operate within strict regulatory frameworks.
LEXARB guides clients through:
- environmental approvals,
- zoning and land-use requirements,
- health and safety mandates,
- procurement laws,
- licensing procedures,
- sector-specific regulations (energy, water, transport).
This ensures compliance and reduces the risk of project delays or penalties.
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Risk management in project delivery
Infrastructure projects face unique risks, including:
- disruptions in supply chains,
- unexpected geological conditions,
- fluctuating material prices,
- delays in government approvals,
- design changes,
- contractor and subcontractor performance issues.
LEXARB identifies these risks early and advises on contractual mechanisms to manage and mitigate them.
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Dispute avoidance mechanisms
Avoiding disputes is more cost-effective than resolving them.
LEXARB supports clients by:
- implementing proper notice procedures,
- developing contract administration systems,
- monitoring delays and variations,
- preparing early claims and counterclaims,
- advising on dispute boards and mediation.
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Infrastructure arbitration and major dispute resolution
When disputes escalate, LEXARB represents clients before:
- ICC,
- LCIA,
- SCCA,
- CRCICA,
- UNCITRAL tribunals,
- regional arbitration centers.
Cases often involve:
- delays and extension-of-time claims,
- disruption and acceleration costs,
- variation valuation disputes,
- termination of concessions or EPC contracts,
- disputes over design responsibility,
- financial claims exceeding hundreds of millions of dollars.
LEXARB combines legal advocacy with technical expertise, ensuring strong, evidence-backed submissions.
Common Legal Issues in Infrastructure Mega-Projects
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Delay and extension-of-time (EOT) claims
Delays can arise from:
- late government approvals,
- land acquisition delays,
- design revisions,
- resource shortages,
- unexpected site conditions.
These delays often lead to:
- EOT claims,
- prolongation costs,
- disputes over liquidated damages.
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Quality and safety disputes
Examples include:
- structural defects in bridges and tunnels,
- failures in geotechnical works,
- quality issues in utilities or transport networks,
- non-compliance with safety codes.
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Change-order and variation disputes
Mega-projects evolve constantly, resulting in:
- redesign of routes or facilities,
- changes to engineering specifications,
- additional works requested by authorities.
Parties frequently disagree on the valuation and time impact of these variations.
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Financial and payment disputes
These include:
- delayed payments,
- disputes over price escalation,
- remeasurement disagreements,
- withheld performance guarantees,
- financing delays affecting contractors.
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PPP and concession-related disputes
PPP disputes can involve:
- revenue-sharing models,
- concession duration adjustments,
- risk-transfer mechanisms,
- termination and compensation for assets,
- compliance with regulatory obligations.
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Contract termination disputes
These disputes can bring projects to a halt and involve:
- wrongful termination,
- termination for convenience,
- default notices,
- bond calls,
- damages claims.
LEXARB provides strategic representation to protect clients in high-stakes termination matters.
Case Study: LEXARB Resolves a 450 Million USD Infrastructure Dispute
Project:
A national highway connecting three major economic regions.
Issue:
The contractor faced significant delays due to repeated government-driven design changes.
The government claimed the contractor failed to manage the project effectively.
LEXARB’s intervention:
- Conducted a CPM delay analysis verifying employer-caused delays.
- Reviewed all correspondence and approvals.
- Built a hybrid legal–technical argument.
- Negotiated a structured settlement.
Outcome:
- 200-day extension granted,
- substantial compensation awarded,
- project continued smoothly without contentious arbitration.
Why LEXARB Is a Leader in Infrastructure Law
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Extensive experience with mega-projects
LEXARB has worked on:
- transportation networks,
- metro and railway systems,
- desalination and water plants,
- renewable and conventional energy facilities,
- airports and ports,
- public–private partnership projects.
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Mastery of international contracting frameworks
Including:
- FIDIC Red/Yellow/Silver Books,
- EPC/EPC+ structures,
- PPP/BOT/BOOT frameworks.
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Technical and legal expertise combined
LEXARB understands:
- engineering specifications,
- project scheduling,
- geotechnical reports,
- testing and commissioning procedures.
This allows for deeper insight into disputes and stronger legal arguments.
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Strong negotiation and settlement capability
LEXARB often resolves disputes early, saving clients:
- time,
- cost,
- reputation,
- operational stability.
LEXARB’s Practical Tips to Avoid Infrastructure Disputes
- Review contract obligations thoroughly.
- Document all changes and instructions.
- Maintain formal communication channels.
- Implement robust contract administration processes.
- Engage legal counsel early — before problems escalate.
Conclusion
Infrastructure law is a sophisticated, multifaceted discipline involving legal, technical, and financial considerations.
With the right legal partner, stakeholders can reduce risk, avoid disputes, and maintain project continuity.
LEXARB offers the expertise required to guide mega-projects from planning to completion, ensuring compliance, clarity, and contractual protection at every stage.
If you are involved in a major infrastructure project and need legal support — or if you face a contractual dispute — contact LEXARB today for a confidential consultation with our infrastructure and arbitration specialists.