Basel Al Najjar is a UAE-based Civil Engineer, Expert Engineer, and Arbitrator specializing in construction law, contract management, and dispute resolution. With a strong professional background in engineering consultancy, Basel has developed advanced expertise in FIDIC contracts, UAE Civil Code applications in construction, and the preparation and evaluation of complex claims, including concurrent delay, disruption, and extension of time (EOT) matters. He advises contractors, consultants, and project stakeholders on contract strategy, risk mitigation, and dispute avoidance, combining technical engineering knowledge with legal and contractual insight. Basel’s work is driven by a practical, results-oriented approach aimed at resolving issues efficiently while safeguarding contractual rights and commercial interests. Through his publications, he provides clear, actionable insights to support professionals in managing construction risks, strengthening claims, and navigating disputes with confidence. For consultancy services, expert opinion, or arbitration-related matters, inquiries can be submitted through this website.
Basel Al Najjar
Author's posts
May 23
Employer Termination for Default Under FIDIC | E-Basel
FIDIC Employer’s Right to Terminate for Contractor Default Under FIDIC Termination for contractor default is a powerful remedy — it allows the employer to remove the contractor from site and complete the works using others. However, the right is conditional: proper notice must be given, the contractor must be in genuine default, and the procedure …
Permanent link to this article: https://www.e-basel.com/fidic/employer-termination-for-default-under-fidic-e-basel/
May 23
Limitation of Liability Under FIDIC | E-Basel
FIDIC Limitation of Liability Under FIDIC — Enforceability and Scope FIDIC contracts typically include caps on liability — limits on the amount either party can recover for breach. These clauses are generally enforceable but are subject to fairness and reasonableness tests, and do not apply to all types of liability. 7 min read · Updated …
Permanent link to this article: https://www.e-basel.com/fidic/limitation-of-liability-under-fidic-e-basel/
May 23
Consequential Loss from Defects Under FIDIC | E-Basel
FIDIC Consequential Loss from Defective Work Under FIDIC — Scope and Recovery Defects often cause losses beyond the cost of repair: business interruption, lost revenue, damage to third-party property, or project delay costs. Recovery of these consequential losses is limited by the Hadley v Baxendale principle and often expressly excluded by contract. 7 min read …
Permanent link to this article: https://www.e-basel.com/fidic/consequential-loss-from-defects-under-fidic-e-basel/
May 23
Nominated Subcontractor Defects Under FIDIC | E-Basel
FIDIC Nominated Subcontractor Defects Under FIDIC — Main Contractor Liability The main contractor is responsible for all work on site — including work by nominated subcontractors. Where a subcontractor’s work is defective, the main contractor remains liable to the employer, creating the need for strict back-to-back warranties and defect management procedures. 6 min read · …
Permanent link to this article: https://www.e-basel.com/fidic/nominated-subcontractor-defects-under-fidic-e-basel/
May 23
Accept Defective Work Under FIDIC | E-Basel
FIDIC Accepting Defective Work Under FIDIC — Valuation and Deduction The employer is not obliged to require remediation of all defects. Where defects are minor or where remediation cost is disproportionate, the employer may accept the defect and deduct a fair value reflecting the diminution in the building’s worth or its fitness for use. 6 …
Permanent link to this article: https://www.e-basel.com/fidic/accept-defective-work-under-fidic-e-basel/
May 23
Defective Design by the Contractor — Liability and Remedies
FIDIC Defective Design by the Contractor Under FIDIC — Liability and Remedies Design-and-build FIDIC contracts place design risk on the contractor. Where design is defective, the contractor is liable — but only where the design fails to meet the standard of reasonable skill and diligence, and only to the extent that design approval has not …
Permanent link to this article: https://www.e-basel.com/fidic/defective-design-by-the-contractor-liability-and-remedies/
May 23
Engaging Others to Remedy Defects Under FIDIC | E-Basel
FIDIC Engaging Others to Remedy Defects Under FIDIC — Procedure and Cost Recovery When the contractor fails to remedy defects within a reasonable time, the employer can engage third parties — but only if the contractual procedure is followed precisely. Procedural failures defeat the cost deduction, even where the remediation itself is clearly needed. 6 …
Permanent link to this article: https://www.e-basel.com/fidic/engaging-others-to-remedy-defects-under-fidic-e-basel/
May 23
Defects Liability Period Under FIDIC | E-Basel
FIDIC The Defects Liability Period Under FIDIC — Contractor Obligation and Process The defects liability period is when the contractor remains responsible for quality — a contractual mechanism giving the employer time to identify defects and require their remedy before final release of the contractor. 6 min read · Updated 23/05/2026 By Basel Al Najjar …
Permanent link to this article: https://www.e-basel.com/fidic/defects-liability-period-under-fidic-e-basel/
May 23
Quantum Meruit Under FIDIC | E-Basel
FIDIC Quantum Meruit Under FIDIC — Recovery Where No Price Exists Where a FIDIC contract is incomplete, ambiguous, or where work is performed outside the contract scope without an agreed price, quantum meruit may provide recovery — but on a fair value basis, not necessarily the contract price or the contractor’s tender rate. 5 min …
Permanent link to this article: https://www.e-basel.com/fidic/quantum-meruit-under-fidic-e-basel/
May 23
Payment for Unfixed Materials Under FIDIC | E-Basel
FIDIC Payment for Unfixed Materials Under FIDIC — Protection and Risk Materials represent significant cash flow timing in construction. Paying for expensive long-lead items before they are fixed in the works is commercially necessary but carries insolvency risk. FIDIC contracts address this through specific conditions and property vesting provisions. 6 min read · Updated 23/05/2026 …
Permanent link to this article: https://www.e-basel.com/fidic/payment-for-unfixed-materials-under-fidic-e-basel/
Authority Bio
Basel Al Najjar
Civil Engineering Consultant · Accredited Expert Witness
Arbitrator · Senior Project Manager
Specialising in construction claims, FIDIC contracts, and dispute resolution across the UAE. Acting as Arbitrator, Tribunal Chairman, and Independent Expert in high-value, multi-party disputes.
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