Prevention is better than cure for building defects in the UAE

Analysis

Deciding upon the appropriate remedy for defective works is an issue that frequently arises during construction disputes and is often hotly contested.

This note considers the position under UAE law and how a Court (or Arbitral Tribunal) might approach this issue where a contractor cannot (or will not) implement the option selected by the employer.

The problem

An example of the issue, based on an actual set of facts, is as follows: