Entitlement to Extension of Time in cases of Concurrent Delays under the UAE Law

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The British University in Dubai (BUiD)
Concurrent delay in construction is a controversial and interesting topic. It involves risks but is often seen as an avenue to evade contractual liability towards the other party. The absence of clear provision in UAE Law regarding concurrent delay means that the task of resolving concurrent delay disputes is not an easy one. Each party tends to present his claim by making reference to foreign legislation or recommendations, paying no heed to the unalterable fact that the governing law of contract is UAE law. This study aims to identify the rules and the basis for judges in the UAE to determine the criteria for awarding extension of time (EOT) in cases of concurrency and to identify the UAE law’s approach to concurrent delay. In addition, this study (a) attempts to highlight the vital importance of the program of work (b) examine the accepted Delay Analysis method adopted by UAE courts to determine extension of time, and (c) identify the precise role of experts delegated by courts in the UAE. The study references relevant cases in UAE and Dubai courts of Cassation. It concludes that the Contractor may be entitled to an extension of time reference to Article 894 of UAE civil transaction code for the full duration of the delay, where the dominant cause of that delay is related to Employer risk. Concurrent delay may not, however, prevent the contractor from cost compensation under the UAE law. The contractor needs to prove a causative link between the delay and the damages sought, making reference to Article 283 to successfully pursue cost compensation. The findings of this dissertation are intended to benefit future submissions and evaluations of Extension of Time claims in cases of concurrent delay and ensure these are wholly compatible with the laws of the UAE.
concurrent delays, UAE law, United Arab Emirates (UAE), contractual liability, disputes, law