FIDIC / Legal Reference: FIDIC — Defects at Taking Over (Clause 10.1)
The process of identifying minor outstanding works and defects at or shortly after practical completion or Taking Over. A snagging list records items that remain to be rectified before the contractor’s obligations are fully discharged.
What it means in practice
Under Clause 10.1, the Engineer may instruct the contractor to complete outstanding work and remedy defects before issuing the Taking Over Certificate. The employer’s use of the snagging process to delay TOC — and thereby extend the Delay Damages exposure — is a frequently disputed tactic in UAE construction.
The distinction between a genuine defect (work that does not comply with the contract) and a normal variation from perfection (minor cosmetic imperfections that do not affect use or performance) is central to snagging disputes. Minor or trivial defects do not prevent practical completion.
Where disputes arise
Over-snagging by employers — compiling extensive lists of minor items to prevent TOC — is a well-recognised contractor grievance in UAE construction. Contractors should document the completion status at the time of their TOC application and respond formally to snagging lists.
UAE Context
UAE construction projects frequently involve snagging negotiations that extend well beyond the contractual programme, particularly on large residential and mixed-use developments where the employer’s fit-out and authority inspection requirements add additional complexity.
Related terms
Snagging disputes and TOC entitlement reviews are a core part of e-Basel’s construction claims advisory practice. We help contractors establish and protect their completion entitlements.
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