Claims » Variations Contractor’s Right to Vary the Works — Scope and Limits The variation clause is the employer’s most powerful tool in construction contract management. It is also one of the most frequently abused — and the source of a disproportionate share of UAE construction disputes. 4 min read · Updated 21/04/2026 By Basel …
Category: FIDIC
Analysis of FIDIC contracts — Red, Yellow, Silver and Gold Books, 1999 and 2017 editions, in UAE practice.
Permanent link to this article: https://www.e-basel.com/fidic/contractors-right-variations-scope/
Apr 26
Misrepresentation in UAE Construction Contracts | E-Basel
Contract » Contract Formation Misrepresentation in Construction Contracts Site investigation reports that turn out to be wrong. Planning consents that do not actually exist. Utility records that omit half the services. When pre-contract information is materially false and the contractor relies on it, the basis of the contract may be fundamentally undermined. 5 min read …
Permanent link to this article: https://www.e-basel.com/fidic/misrepresentation-in-uae-construction-contracts-e-basel/
Apr 26
Priority of Contract Documents in UAE Construction | E-Basel
Contract » Contract Formation Priority of Contract Documents — Resolving Conflicts A construction contract is not a single document but a stack of them — conditions, specification, drawings, bills, programme, addenda. Each prepared at a different time, by a different hand, for a different purpose. When they conflict, which one governs? 4 min read · …
Permanent link to this article: https://www.e-basel.com/fidic/priority-of-contract-documents-in-ua/
Apr 26
Contract Interpretation in UAE Construction Disputes | E-Basel
Contract » Contract Formation Contract Interpretation — The Objective Approach Contract disputes frequently arise not because obligations are unclear in fact, but because the words chosen to express them are ambiguous, inconsistent, or incomplete. The principles tribunals apply when resolving those ambiguities are settled — and knowing them changes how you draft, negotiate, and argue. …
Permanent link to this article: https://www.e-basel.com/fidic/contract-interpretation-in-uae-const/
Permanent link to this article: https://www.e-basel.com/fidic/assignment-novation-of-uae-construction-contracts-e-basel/
Apr 26
Collateral Warranties in UAE Construction Projects | E-Basel
Contract » Contract Formation Collateral Warranties — Third Party Rights in Construction The developer sells the building. The purchaser discovers defects. It has no contract with the contractor and cannot sue under the building contract. Without a collateral warranty, the purchaser may have no remedy at all. 5 min read · Updated 21/04/2026 By Basel …
Permanent link to this article: https://www.e-basel.com/fidic/collateral-warranties-in-uae-constru/
Apr 26
Entire Agreement Clauses in Construction Contracts | E-Basel
Contract » Contract Formation Entire Agreement Clauses — The Limits of Prior Negotiations Extensive pre-contract negotiations, assurances given at clarification meetings, information exchanged in site visits — and then the formal contract is signed with an entire agreement clause. What happens to everything said before? 5 min read · Updated 21/04/2026 By Basel Al Najjar …
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Apr 26
Implied Terms in UAE Construction Contracts | E-Basel
Contract » Contract Formation Implied Terms — What the Contract Did Not Say No construction contract is complete. Every project encounters situations the drafters did not anticipate. When they do, the parties disagree about their obligations — and tribunals are asked to imply a term to fill the gap. The test for doing so is …
Permanent link to this article: https://www.e-basel.com/fidic/implied-terms-in-uae-construction-co/
Apr 26
Battle of the Forms in UAE Construction Contracts | E-Basel
Contract » Contract Formation Battle of the Forms — Whose Terms Govern? A subcontractor quotes on its standard terms. The main contractor responds with a purchase order on its own conflicting terms. Neither accepts the other. Works begin — and the question of whose terms apply is left for the first dispute to decide. 5 …
Permanent link to this article: https://www.e-basel.com/fidic/battle-of-the-forms-in-uae-construct/
Apr 26
Contract Formation by Conduct in UAE Construction | E-Basel
Contract » Contract Formation Contract Formation by Conduct — When Behaviour Binds Works commence, invoices are paid, months pass — and then a dispute reveals that no one ever signed the contract. This is how behaviour-based contracts are formed on UAE sites, and why they are among the most dangerous instruments in construction procurement. 5 …
Permanent link to this article: https://www.e-basel.com/fidic/contract-formation-by-conduct-in-uae/
Authority Bio
About the Expert
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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