Insights

    Insights on Construction Disputes, Delay and Quantum

    Practical commentary from practising construction expert witnesses on arbitration and offshore-court disputes across the UAE and GCC.

    • DIAC
    • arbitrateAD
    • SCCA
    • QICCA
    • BCDR
    • DIFC Courts
    • ADGM Courts
    • QICDRC
    • BICC
    Series · 10 parts

    Delay and Disruption Costs, Loss and Expense: A 10-Part Guide

    A 10-part practitioner guide to quantifying delay and disruption costs, loss and expense in construction and engineering disputes across the UAE and GCC.

    Explore the Delay & Disruption Quantum Guide

    Delay and Disruption

    Entitlement Before Quantum: The Basis of Recovery for Delay Costs

    Loss and expense, contractual rates or damages? How the basis of entitlement determines how delay costs are valued — and why it must be settled first.

    Part 2 of 10

    Delay and Disruption

    Mapping the Heads of Claim: A Taxonomy of Delay and Disruption Loss

    From preliminaries to lost production: a structured taxonomy of the heads of claim that arise from delay and disruption, and how to scope them early.

    Part 3 of 10

    Delay and Disruption

    Labour Costs Under Delay: Extended Duration, Overtime and Non-Productive Time

    How delay changes what a workforce costs — extended periods, overtime, pay increases, non-productive labour and remobilisation — and how to evidence it.

    Part 4 of 10

    Delay and Disruption

    Time-Related Preliminaries: Proving the Actual Cost of Prolongation

    Site staff, accommodation, plant and facilities: how to identify, separate and prove the actual cost of time-related preliminaries in a delay claim.

    Part 5 of 10

    Delay and Disruption

    When the Contract Sets the Price: Valuing Delay on a Basis Other Than Cost

    Agreed delay rates, bill rates and reasonable rates: when contract mechanisms, not ledgers, determine the value of delay — and the drafting traps to avoid.

    Part 6 of 10

    Delay and Disruption

    Which Period? Assessing Prolongation Costs When the Effect Was Felt

    Should delay costs be priced at the time of the delay or at the end of the project? Why the period of assessment can swing a prolongation claim dramatically.

    Part 7 of 10

    Delay and Disruption

    Beyond the Site: Head Office Overheads, Profit, Finance and Lost Production

    Head office overheads, loss of profit, escalation, financing charges and delayed production revenue: the heads of delay loss that sit beyond site-level cost.

    Part 8 of 10

    Delay and Disruption

    Concurrency, Global Claims and the Causal Link

    How concurrent delay affects the recovery of delay costs, why global claims usually fail, and how to build the cause-and-effect link tribunals require.

    Part 9 of 10

    Delay and Disruption

    Proven, Estimated or Speculative: The Expert's Evidential Discipline

    Can delay and disruption loss be valued without records? Why the distinction between proven, estimated and speculative loss often matters more than the number.

    Part 10 of 10

    Cost and Time

    The Cost of Arbitration in the Middle East: A Practitioner's Guide to DIAC Fees and Costs

    How DIAC arbitration costs are built up under the 2022 DIAC Arbitration Rules and the 2025 Table of Fees and Costs, including registration fees, tribunal fees, legal and expert costs, the advance on costs and how tribunals allocate them.

    11 min read

    Cost and Time

    DIAC 2024 Annual Report: Construction Disputes Still Dominate Dubai Arbitration

    DIAC registered 295 cases in 2024, with construction and real estate accounting for 58% of the caseload. What the figures mean for parties appointing construction expert witnesses.

    7 min read

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