Service
Construction Dispute Resolution and ADR Support
Independent technical, programme and quantum input that helps parties resolve construction disputes early — through negotiation, mediation, expert determination and dispute boards — before the cost and time of a full arbitration.
- DIAC
- arbitrateAD
- SCCA
- QICCA
- BCDR
- DIFC Courts
- ADGM Courts
- QICDRC
- BICC
Most construction disputes are not decided by a tribunal. They settle — in a negotiation, a mediation, a dispute board decision or an expert's determination. What decides whether they settle well, or at all, is whether both sides have a credible, independent view of the technical facts and the money.
Too often, parties go into settlement talks with positions built for arbitration: inflated claims, entrenched defences and no shared understanding of what the evidence actually supports. The result is deadlock, and the dispute moves on to a process that costs more and takes years.
We provide the independent technical and quantum input that makes early resolution possible. Whether you need a candid view of your own position, a neutral evaluation both sides can rely on, or an expert to determine a defined issue, we help turn a dispute into a decision. We act on construction, infrastructure and energy disputes across the UAE, Saudi Arabia, Qatar, Kuwait, Bahrain and Oman.
What we do in construction dispute resolution
Our role in alternative dispute resolution (ADR) depends on the process and on who appoints us. That can mean:
- Advising one party before or during negotiation — a candid, confidential view of the strengths, weaknesses and realistic value of the claim or defence.
- Supporting a party at mediation — preparing technical and quantum briefing material, attending as adviser and testing settlement proposals in real time.
- Acting as a neutral — giving an early neutral evaluation of a technical or quantum issue that both parties have agreed to refer.
- Acting as an expert determiner — deciding a defined technical or valuation question where the contract or the parties provide for expert determination.
- Supporting dispute board processes — preparing or responding to referrals to a dispute board, or contributing technical and quantum analysis to the board's work.
- Joint expert work — acting as a single joint expert, or meeting the other side's expert on a without-prejudice basis to narrow the issues before positions harden.
“In every role, our analysis is independent. Where we advise one party, we tell them what the evidence supports, not what they would like to hear.”
ADR processes we support
Negotiation and settlement
Independent assessment of a claim or counterclaim to set realistic settlement parameters, and analysis of offers as they are made.
Mediation
Technical and quantum preparation for mediation, attendance as party adviser, and joint expert sessions where the mediator directs them.
Expert determination
Acting as expert determiner on valuation, measurement, technical compliance and defects questions, or advising a party in a determination.
Dispute boards
Support for referrals to dispute boards, including dispute avoidance and adjudication boards under FIDIC contracts — preparing submissions on time, cost and technical issues, or responding to them.
Early neutral evaluation
A non-binding, independent evaluation of a defined issue, giving both parties a reality check before they commit to arbitration.
Pre-arbitration case assessment
A structured review of the merits and value of a dispute to inform the decision whether to settle, refer to ADR or commence arbitration.
Without-prejudice expert meetings
Early, without-prejudice meetings between experts to agree facts and figures and isolate the genuinely disputed issues.
Dispute avoidance on live projects
Independent review of emerging claims, notices and programme or cost issues on live projects, so problems are resolved before they become formal disputes.
ADR and arbitration: keeping the options open
Early resolution works best when it is built on evidence that would stand up if the dispute does go to arbitration. A settlement analysis that ignores the records, or a position that collapses under scrutiny, gives the other side the upper hand.
We prepare ADR analysis with that in mind — grounded in the contract and the records, transparent in its assumptions and capable of being developed into full expert evidence if needed. Where a dispute does proceed, any change in our role, for example from confidential adviser to testifying expert, is discussed openly at the outset.
RelatedQuantum Expert Witness →Forensic Delay Analysis →Construction Claims Expert →
How an engagement works
- 1
Conflict check and initial call
A short, confidential conversation about the dispute, the parties, the process in view and the timetable. We complete a conflict check before receiving any documents.
- 2
Agree the role and scope
We agree whether we are acting as party adviser, neutral, joint expert or determiner, the questions to be addressed and the fee basis. Clarity about the role at the outset protects the process and the parties.
- 3
Records review and analysis
We review the contract, correspondence, programme and cost records and the parties' positions, and identify the issues that will really drive the outcome.
- 4
Assessment or determination
A concise written assessment, briefing note or determination — focused on the issues that matter for settlement, rather than a full litigation report.
- 5
Settlement support
Attendance at negotiation, mediation or expert meetings, testing proposals as they are made and helping the parties close out the issues.
Independence and professional standards
Where we act as a neutral, joint expert or expert determiner, we act impartially between the parties and within the terms of our appointment. Where we advise one party, our analysis is still independent: candid about weaknesses as well as strengths.
If a dispute proceeds to arbitration or court, any expert evidence we give is prepared to meet the expectations tribunals and courts place on experts in the region, including the IBA Rules on the Taking of Evidence in International Arbitration (2020) where adopted, the CIArb Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration, and the expert evidence requirements of the DIFC Courts, ADGM Courts, QICDRC and BICC.
Where we act
Arbitration
Institutional and ad hoc arbitrations across the GCC, including DIAC (Dubai), arbitrateAD (Abu Dhabi), SCCA (Saudi Arabia), QICCA (Qatar), BCDR (Bahrain), KCAC (Kuwait) and OAC (Oman), as well as ICC and other international rules with a GCC seat or GCC project.
Offshore courts
DIFC Courts (including the Technology and Construction Division), ADGM Courts, the Qatar International Court and Dispute Resolution Centre, and the Bahrain International Commercial Court.
Where we act: independent expert witness services in arbitration across the GCC and in the DIFC Courts, ADGM Courts, QICDRC and BICC. We do not provide expert evidence in onshore court proceedings.
View all GCC locationsSectors
- Residential and commercial towers
- Hospitality and mixed use
- Infrastructure and transport
- Rail and metro
- Aviation
- Energy and utilities
- Renewable energy
- Water and wastewater
- Oil and gas
- Industrial and process
Who we work with
For lawyers and in-house counsel
Settlement strategy depends on a clear-eyed view of the technical and financial merits. We give you an early, independent assessment that informs advice to your client, support you through mediation or a dispute board referral, and keep the analysis in a form that can become full expert evidence if the matter proceeds.
Discuss a disputeSettlement strategy depends on a clear-eyed view of the technical and financial merits. We give you an early, independent assessment that informs advice to your client, support you through mediation or a dispute board referral, and keep the analysis in a form that can become full expert evidence if the matter proceeds.
Discuss a disputeWhat you receive
- A candid, early view of the strengths, weaknesses and realistic value of the dispute
- Clear role definition — adviser, neutral, joint expert or determiner — agreed at the outset
- Concise briefing notes and assessments focused on the issues that drive settlement
- Support at negotiation, mediation and dispute board stages
- Analysis that can be developed into full expert evidence if the dispute proceeds
Frequently asked questions
Looking to resolve a construction dispute?
Tell us about the dispute, the parties and the process you have in mind. We'll complete a conflict check and come back to you promptly.
Discuss a disputePlease do not send confidential documents until a conflict check has been completed.