Resolving Disputes related to Tendering for Engineering and Construction Contracts in the UAE: A Comparison with Tendering Disputes under English Law
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Date
2024-09
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The British University in Dubai (BUiD)
Abstract
Tendering and the tender actions of engineering and construction contracts are often closely linked to the primary causes of disputes. This correlation arises because construction projects are fundamentally rooted in the tendering process, where inherent pitfalls in tendering elements frequently precipitate disputes, either before or during construction works. To reduce the impact of such disputes, various dispute avoidance methods have been designed to mitigate the risk of high-cost losses that may result from these conflicts. This argument is reinforced by comparing the lower costs of avoidance measures with the expenses associated with litigation or arbitration to resolve similar conflicts. From my experience, the crucial role of the tender authority team, particularly in the preparation of tender scope and the evaluation of tender submissions, are often overlooked. The author emphasises that a solid understanding of construction law principles, coupled with practical experience in mandatory tendering practices, is essential for construction professionals to mitigate the impact of costly disputes arising from tendering processes or actions. This dissertation will explore the benefits of contractual knowledge and legal awareness with regard to dispute avoidance to better manage bidding problems. Furthermore, it will focus on tendering and associated disputes, primarily in the UAE and the UK, providing relevant local and international examples. Given the scarcity of resources on tendering circumstances in the UAE, professional input from construction specialists in the UAE will be sought through the use of a questionnaire.
Keyword: tendering, construction contracts, alternative disputes resolution
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Keywords
tendering, construction contracts, alternative disputes resolution