Fatima Al Naimi Law Firm

Construction Disputes: FIDIC Contracts and Qatari Law

Real Estate Law

Construction Disputes: FIDIC Contracts and Qatari Law

The Construction Sector in Qatar

Qatar is witnessing a massive urban boom, and with it, disputes between developers and contractors increase. Most major contracts in Qatar rely on FIDIC models modified to suit Qatari law.

Common Causes of Disputes

  • Delays in Execution: Application of Liquidated Damages (LADs).
  • Variations: Disagreements over pricing additional work requested by the employer.
  • Payments: Employer delays in disbursing certified payment certificates.

Decennial Liability

Article (711) of the Qatar Civil Code mandates “Decennial Liability.” The engineer and contractor are jointly liable for ten years for any total or partial collapse of the buildings, even if the collapse arises from a defect in the land itself. This is a mandatory provision; parties cannot agree to exempt the contractor from it.

Dispute Resolution

Construction contracts often require Arbitration rather than courts due to their technical nature. This requires legal expertise in managing engineering arbitration files and utilizing specialized experts to evaluate schedules (Delay Analysis) and quality of work.