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Technical & Engineering Expert Reports

Independent Expertise in Construction Disputes · FIDIC · UAE & GCC

Independent Technical & Engineering Expert Reports

The strength of any expert report rests on its independence, objectivity and complete impartiality. The expert’s first duty is to the arbitral tribunal or the court — not to the party who appointed them or paid their fees. This commitment to independence is what gives the report its weight and evidential value, and makes it a foundation on which a decision or award is built.

Accredited ExpertIndependent & impartial
Arbitrator & Tribunal ChairMulti-party disputes
FIDICRed·Yellow·Silver·Gold
High-value disputesComplete technical neutrality

Who We Are

Independent Expert Reports an Arbitral Tribunal Can Rely Upon

Where a dispute is before an arbitral tribunal, the tribunal may order whatever evidentiary measures it sees fit — of its own motion or at a party’s request — provided the facts to be proven are relevant to the case, material to it and admissible. It may vary the measures it has ordered, provided it records this in the minutes of the hearing, and it may decline to act on the result of a measure, provided it states the reasons in the award.

The tribunal may thus take whatever evidentiary measures it deems necessary to serve the conduct of the proceedings and suit their nature, having regard to what the parties have agreed and any special provisions on the matter. The parties may agree on evidentiary procedures different from those provided by the law governing the proceedings — such as agreeing to apply a system of written rather than oral testimony.

The fundamental principles of litigation must always be respected — the right of defence, equality and the adversarial principle. It is well established that the tribunal may seek the assistance of experts on technical matters on which it cannot itself form a view; the expert prepares a report and submits it, and the tribunal retains the power to assess the evidence, having regard to any rules on the weight of evidence in the applicable law. At E-Basel we prepare independent technical expert reports in construction projects, delay claims, technical disputes and contract management across the UAE and the GCC. Our reports rest on evidence, documents and accredited professional standards, drafted to deliver an impartial technical opinion that clarifies complex technical and contractual matters in clear, organised language. This connects with construction arbitration and claims preparation.

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Statement of Independence

Our reports include an express statement of the expert’s independence from the parties, their advisers and the arbitral tribunal. We clearly distinguish between facts, assumptions and professional opinion, and identify where an opinion is contingent on facts not yet established — preserving the report’s objectivity and evidential value.

ⓘ Consistent with the IBA Rules on the Taking of Evidence (2020), Article 5.2(c) — with verification of the rules of the seat of arbitration in each engagement.

Our Services

Technical Report Preparation Services

Our reports cover the time, financial, technical and contractual dimensions of the construction dispute, from early notice to presenting the opinion before the body hearing the dispute.

01

Delay & Extension-of-Time Reports

Analysing the causes of delay and their impact on the programme and the critical path, and assessing entitlement to an extension of time per the SCL Delay and Disruption Protocol (2nd edition, 2017): as-planned vs as-built, time-impact analysis and collapsed as-built.

02

Technical Dispute Reports

An independent assessment of technical problems and disputes relating to construction works and the quality of execution, linking the engineering facts to the documented evidence.

03

Financial Claim & Variation Reports

Assessing variation orders, additional works and disputes relating to costs, entitlements and contractual pricing mechanisms.

04

Contractual Analysis

Reviewing the contractual obligations, notices and procedures set out in the contract per FIDIC and amended forms, tracking notice requirements and time-bar risks.

05

Assessment of Works Defects

Analysing problems of execution, materials and technical specifications and the causes of defects in construction, finishing and MEP works.

06

Project Document Review

Analysing correspondence, drawings, programmes, reports, meeting minutes and project records to build a documented chronology.

Our Methodology

From the Documents to the Technical Opinion

Four disciplined stages move the engagement from a mass of documents to an impartial technical opinion defensible before the arbitral tribunal or the court.

1
STAGE 1

Comprehensive Document Review

Studying all the technical and contractual documents relating to the project and its records — the contract and its appendices, the drawings, the correspondence, the programmes, the meeting minutes and the site records.

2
STAGE 2

Technical & Contractual Analysis

Linking the technical aspects to the contractual obligations to deliver an integrated professional assessment that distinguishes cause from effect and tests causation against the accredited standards.

3
STAGE 3

Evidence-Based Assessment

Relying on the documents, the technical references and the accredited professional standards, with an express distinction between fact, assumption and opinion.

🔍 Reference standards: SCL Protocol · IBA Rules on Evidence · FIDIC forms
4
STAGE 4

Clear, Organised Reports

Professional drafting that helps the body hearing the dispute grasp the facts, the analysis and the conclusions, with an express statement of independence and indexed evidence annexes.

Areas of Expertise

The Scope of Technical & Contractual Coverage

Our expertise extends across the most common project and dispute types in the construction sector in the UAE and the GCC:

FIDIC contracts Delay claims Financial disputes Variation orders Works defects Contract management Infrastructure projects Residential & commercial projects

We are instructed by the parties, by law firms and by arbitral tribunals — preserving the independence of the technical opinion in every case. Where the opinion needs to be presented before the body hearing the dispute, or the underlying claim prepared, this connects with claims preparation and technical & legal litigation support.

Instructing parties

ContractorsDevelopersOwnersLaw firmsEngineering consultantsProject-management companiesArbitral tribunals

About the Expert

An Accredited Technical Expert & Arbitrator in Construction Disputes

Mohamad Basel Al Najjar — Accredited Engineering Expert and Arbitrator (expert reports)

Mohamad Basel Al NajjarAccredited Expert · Arbitrator & Tribunal Chair · Senior PM

I prepare the independent expert report from a vantage point combining engineering and contractual experience and a knowledge of how expertise operates before the courts and arbitral tribunals. This dual perspective — that of one who has built expert reports and one who has reviewed and rebutted them — allows a technical analysis that withstands cross-examination.

Accredited engineering expert (Accredited Expert Witness).

Arbitrator and tribunal chairman in multi-party disputes.

In-depth experience with FIDIC contracts (Red · Yellow · Silver · Gold).

Years of experience in high-value disputes.

Delay analysis and the SCL Protocol; reports consistent with the IBA Rules on Evidence.

Civil engineer and senior project manager.

Related services: Litigation Support · Technical & Engineering Opinion · Construction Arbitration.

Why E-Basel

What Sets Our Reports Apart

Engineering and contractual expertise

A blend of civil engineering, contract management and dispute resolution.

Specialism in construction disputes

Specialist knowledge of the types of claim and the mechanisms for analysing them.

Independent, documented reports

Independent reports that support arbitration and litigation proceedings with evidence.

A practical grasp of the local market

Familiarity with the project environment and contractual practices in the UAE and the GCC.

Contact Us

Do You Need an Independent Technical Expert Report?

Contact E-Basel for a specialist, confidential consultation on your construction dispute — a preliminary assessment of whether an expert report is needed, its scope, and the documents required to prepare it.

Note: This content is provided for general professional guidance only. It does not constitute binding legal advice in any live dispute, nor does it create a retainer. Each expert engagement is subject to its own terms of reference; verification of the procedural rules of the seat of arbitration and the requirements of the body hearing the dispute in each case is recommended. Contact us to discuss your needs.

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