Claims Management & Advisory
In UAE construction, the difference between a recovered claim and a failed one is almost always notice discipline, quantum rigour, and expert preparation. 3EG delivers all three — with in-house QS and planning under one roof.
Types of Claims We Handle
Extension of Time (EOT) Claims
EOT claims are the most common — and most frequently failed — claims in UAE construction. Failure to serve a notice within the required timeframe stipulated in the Contract upon becoming aware of a delaying event constitutes a condition precedent, the breach of which may bar the entire claim regardless of its merits. 3EG’s claims management service begins with notice discipline — ensuring entitlements are preserved from the moment a delaying event occurs.
- Prospective delay notices — issued before delays materialise, as FIDIC and UAE courts require
- Time Impact Analysis (TIA) — programme-based EOT quantification
- As-planned vs. as-built analysis — establishing the critical path impact of employer-caused events
- Concurrent delay analysis — identifying and managing concurrent contractor and employer delays
- EOT claim preparation — narrative, programme analysis, and supporting contemporaneous records
Prolongation Cost Claims
An EOT without associated prolongation cost recovery is only half the claim. Once entitlement to additional time is established, the associated time-related costs — site overheads, supervision, equipment, and finance charges during the extended period — must be properly quantified and substantiated.
- Time-related cost identification and programme correlation
- Prolongation cost schedules — staff, plant, preliminaries, and finance charges
- Cost definition compliance with reference to contract— profit eligibility determination
- Substantiation from contemporary records — timesheets, invoices, site diaries
- Prolongation quantum packaged to address Dispute Adjudication Standards.
Disruption Claims
Disruption claims — addressing the loss of productivity caused by employer-risk events — are among the most technically complex claims in construction law. 3EG applies internationally recognised methodologies to quantify disruption loss, supported by contemporaneous labour and programme records.
- Measured Mile methodology — comparing productivity in disrupted vs. undisrupted periods
- Earned value disruption analysis
- SCL Delay and Disruption Protocol compliant methodology
- Labour productivity loss quantification using project records and benchmarks
Variation & Omission Claims
- Variation entitlement assessment – Contractual analysis
- Valuation of variations — rates, day work, and fair valuation principles
- Omission compensation — assessing recovery where scope is removed and re-let
- Instructed vs. constructive variation identification and management
Final Account Preparation & Negotiation
3EG prepares comprehensive, substantiated final accounts and provides experienced negotiators to achieve the best possible settlement — or, where necessary, to present the case effectively in dispute resolution proceedings.
- Comprehensive final account preparation — all heads of claim consolidated
- Scott Schedule preparation for multi-issue disputes
- Without-prejudice negotiation support and commercial settlement strategy
The 28-Day Rule — What Every UAE Contractor Must Know
Under FIDIC Sub-Clause 20.1 (1999 edition) and Sub-Clause 20.2 (2017 edition), a contractor seeking an Extension of Time or additional payment must give notice to the Engineer within 28 days of becoming aware of the event or circumstance. This notice requirement is a condition precedent — fail it, and the entire claim can be barred regardless of its merits.
UAE and DIFC courts have confirmed that the 28-day clock runs from when the contractor “was aware, or should have been aware” of an event that could give rise to a claim — even if no actual delay has yet materialised. Contractors must issue notices for prospective delays, not just delays that have already occurred.
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Time Bars & Good Faith
UAE courts are increasingly nuanced about enforcing FIDIC Sub-Clause 20.1 time bars where the counterparty had actual knowledge of the event. Article 246(1) good faith obligations can affect strict compliance enforcement. 3EG structures contracts and administers notices to navigate this landscape.
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Performance Suspension Rights
Article 247 of the UAE Civil Code allows performance suspension for counterparty breach — but proportionality requirements established by Dubai Court of Cassation must be carefully navigated. Generic FIDIC advice typically misses this UAE-specific dimension.
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Dubai 2026 Construction Law
Dubai's new construction law framework introduces changes to dispute resolution procedures and notice requirements for contracts executed from 2026. 3EG actively advises clients on structuring new contracts for the emerging legal environment.