Expert Witness for Adjudication
Focused Expert Witness for Adjudication services providing rapid technical opinion on construction disputes in the UAE and GCC.
Unlike the UK or Australia, the UAE has no statutory adjudication regime for construction disputes. Adjudication here is a contractually agreed mechanism — most commonly delivered through a FIDIC-style Dispute Adjudication Board (DAB) or Dispute Avoidance/Adjudication Board (DAAB) — designed to produce a fast, interim decision on payment or time disputes without the delay of full arbitration or litigation.
How Adjudication Works Under FIDIC in the UAE
FIDIC contracts, which underpin the majority of major UAE construction and infrastructure projects, provide for disputes to be referred to a DAB, which must issue a decision within 84 days. In practice, UAE parties are generally reluctant to appoint standing DABs at contract commencement, preferring ad hoc boards convened only once a dispute has actually arisen — a preference that somewhat undermines the dispute-avoidance function DABs were designed to serve, but remains the dominant market practice. DAB decisions are binding on an interim basis unless formally challenged through the contract's dispute resolution process, typically proceeding to amicable settlement discussions and then arbitration.
Industry commentary indicates a marked increase in adjudication referrals across UAE construction projects during 2025–2026, particularly for interim payment disputes, as more standard-form contracts include robust adjudication clauses and appointing authorities — including arbitrateAD — publish clearer procedural rules supporting faster, more enforceable outcomes.
Where Expert Evidence Matters in Adjudication
Adjudication's compressed timetable places a premium on experts who can produce rigorous, defensible opinion quickly:
- Interim payment and valuation disputes, requiring rapid but robust quantum assessment of unpaid certificates, retention, or disputed variations.
- Time-related adjudications, where delay analysis must be produced to a standard capable of withstanding later arbitration scrutiny, even under DAB time pressure.
- Technical and structural issues, where a DAB member or the parties require independent expert input to resolve a discrete technical question quickly.
Our Adjudication Sector Capability
Our quantum, delay and construction experts are experienced in producing fast-turnaround opinion evidence suitable for DAB/DAAB proceedings, without compromising on the independence and rigour required if a decision is subsequently challenged in arbitration. Reports are prepared consistent with FIDIC Sub-Clause 20 requirements and SCL Protocol methodology.
Contact us to discuss expert witness support for an adjudication or Dispute Adjudication Board proceeding.
Discuss Your Matter With Us
Forward a concise brief of your matter to us. We shall respond promptly and with discretion.
Frequently Asked Questions
- What primary role does an Expert Witness for Adjudication play in UAE construction disputes?
- An Expert Witness for Adjudication provides independent technical analysis to assist the adjudicator in resolving complex disputes involving quantum, delay, or engineering defects. Given the accelerated nature of Middle Eastern construction projects, their evidence focuses on distilling voluminous project records into concise reports that address the core contractual and technical issues within strict statutory or contractual deadlines.
- How does an Expert Witness for Adjudication handle compressed timelines common in GCC proceedings?
- The expert must adopt a proportionate approach, focusing on key drivers of the dispute rather than exhaustive detail. Recognising the fast-paced nature of DIAC or arbitrateAD related adjudications, an Expert Witness for Adjudication prioritises high-impact evidence and robust summaries, ensuring the adjudicator receives authoritative technical opinions without compromising the efficiency of the adjudication process.
- Why is the SCL Delay and Disruption Protocol relevant to an Expert Witness for Adjudication?
- The SCL Protocol provides a globally recognised framework for assessing time-related claims. An Expert Witness for Adjudication applies these principles to evaluate Extension of Time (EOT) requests and concurrent delay. By utilising these industry-standard methodologies, the expert ensures their findings are transparent, verifiable, and consistent with international best practices expected in UAE tribunals.
- Can an Expert Witness for Adjudication be appointed for both quantum and delay issues?
- Yes, depending on the dispute's complexity. While some disputes require a specialist in forensic scheduling, an Expert Witness for Adjudication often addresses the financial consequences of variations and disruptions. Under FIDIC-based contracts prevalent in the Middle East, the expert quantifies additional costs and losses, ensuring that the valuation of claims aligns with the specific contract mechanisms.
- Where does the duty of an Expert Witness for Adjudication lie regarding the appointing party?
- In accordance with RICS standards and international norms, the overriding duty of an Expert Witness for Adjudication is to the tribunal, not the appointing party. They must provide impartial, objective, and unbiased evidence. This independence is crucial for maintaining credibility, ensuring the adjudicator can rely upon the expert’s technical conclusions when reaching a decision.
- When should legal teams engage an Expert Witness for Adjudication during the dispute process?
- Engagement should occur as early as possible once a dispute is crystallised. Early involvement allows the Expert Witness for Adjudication to conduct a preliminary merit assessment and identify critical evidence gaps. This proactive strategy ensures that the expert report is fully integrated into the referral or response, increasing the likelihood of a favourable and technically sound outcome.
- If a dispute involves FIDIC Red Book 1999 or 2017, how does the expert assist?
- The Expert Witness for Adjudication interprets technical performance against the specific clauses of the FIDIC suite. They evaluate whether notice requirements were met and if the technical substance of a claim, such as a variation under Clause 13, is valid. Their role is to provide the adjudicator with a clear technical bridge between the contract's legal requirements and the project's factual reality.