Issue 7

The CIOB Complex Projects Contract 2013 represents a shift towards collaboration, transparency and proactive time management on large, technically demanding projects. Its emphasis on early issue resolution, digital information sharing and rigorous programme control is intended to reduce delay and disputes, albeit with a greater administrative burden on project participants.

Unlike the UK and other common law jurisdictions, adjudication is not underpinned by legislation in the Middle East. Instead, dispute boards—particularly under FIDIC contracts—offer a project‑based mechanism for resolving disputes, ranging from non‑binding recommendations to immediately binding decisions, and may better reflect regional practice and expectations.

Under UAE law, contractual termination provisions do not usually allow automatic termination by notice alone. Unless the contract expressly provides for automatic termination without court intervention, an employer must obtain a court order to validly terminate, even where the contractor is clearly in default.

When contracting in the UAE, parties should be aware that contractual caps on liability may not be fully enforceable. Mandatory decennial liability for structural defects and the courts’ power to adjust pre‑agreed compensation mean that standard forms such as FIDIC often require careful amendment to reflect UAE law.