CONSTRUCTION, INFRASTRUCTURE AND ENERGY

Extension of Time
Usually, a project gets delayed due to various reasons. In the event the Main/Subcontractor is unable to complete by or before the agreed time, the Main/Subcontractor submits a request for an extension in the agreed time. However, the claim is determined by taking into account the costs that might have to be incurred. We, NYK Law Firm, can efficiently assist you to ensure fair allocation of time-related risks between parties involved in the project.

Default in Payment
Default in payment can lead to disruptions in the construction process, strained relationships between parties, and potential legal disputes. We, NYK Law Firm, help our clients in the enforcement of the payment obligations by recovering the outstanding payments.

Failure to adhere to specifications.
In the construction sector, the parties do expressly agree that a project shall be carried out as per the plans or specifications. In the event the Main/Subcontractor fails to carry out the Works in accordance with the agreed plans or specifications, the defaulting party is deemed to be at fault. Such failures can result in delays, cost overruns, rework, and disputes between parties involved in the construction project. We, NYK Law Firm, can effectively assist you with resolving issues that crop up due to failure to adhere to specifications.

Termination of Contract
In construction, termination of a Contract occurs due to numerous reasons that make it impossible to continue with the project. Termination of a construction contract can have significant implications for all parties involved and may lead to legal proceedings to resolve any resulting disputes. We, NYK Law Firm, assure you that your interests will not be affected due to termination of a contract.

Liquidated Damages
Generally, liquidated damages refer to predetermined, fixed sums of money included in a contract to compensate for the failure to complete the construction of a project by or before the Time for Completion. Liquidated damages clauses are commonly used in construction contracts to ensure timely completion of projects and to allocate risks associated with delays between parties involved. We, NYK Law Firm, can efficiently assist you in pursuing/defending claims relating to liquidated damages.

Defects & Maintenance Liability
Usually, this obligation typically extends beyond the completion of the project for a specified period, during which the Contractor is obliged to rectify any defect that arise due to faulty workmanship, materials, or design. Our team of construction lawyers can efficiently assist you in ensuring that there is no defect during and after the construction of the project.

Prolongation & Disruption Costs
In the construction sector, the additional expenses incurred due to both the extended duration (prolongation) of a project beyond its scheduled completion date and the disruption to the construction process is termed as prolongation and disruption costs. Contractors may seek compensation for these costs through contractual provisions and claims processes, subject to negotiation and agreement with the project stakeholders. We, NYK Law Firm, can efficiently assist you in pursuing/defending claim prolongation and disruption costs.

Variations
Generally, variations refer to changes, modifications, or alterations made to the original scope of work outlined in the construction contract. Clear communication and agreement between parties are essential to effectively address variations and ensure that they are properly executed within the framework of the construction contract. Our team of construction lawyers can efficiently assist you in resolving disputes relating to variations.

Drafting, Reviewing and Negotiating Construction Contracts
An Agreement, regardless of whether it is for the appointment of a Main Contractor, Subcontractor, or a Supplier, is the most crucial document which forges the relationship between the parties and lays down the obligations, rights, value, remedies etc. By understanding the client’s role in a particular Agreement and to safeguard their interests, NYK’s Lawyers draft, review and negotiate contracts with an intent to clearly establish the rights and obligations of each party, minimize the risks etc.

Blacklisting
In the construction sector, the practice of excluding certain contractors, subcontractors, suppliers, or other entities from participating in future construction projects is termed as blacklisting. We, NYK Law Firm, can assist you in safeguarding your reputation and interests by providing effective solutions in order to avoid being blacklisted. However, in the event you are blacklisted, NYK’s Construction & Infrastructure Department can assist you in challenging illegal or wrongful blacklisting before the Courts.

Decennial Liability
In certain jurisdictions, contractors, architects, engineers, and other construction professionals shall be liable for defects in construction projects that threaten its security and solidity for a period of ten years from the date of handing over the same. NYK's Construction & Infrastructure Department can assist safeguard the rights of Architects, Developers, Main Contractors, Project Managers, and other stakeholders relating to any issue relating to decennial liability.

Interpretation and application of contractual provisions
In the construction sector, the parties need to have a thorough understanding about every term of the contract. NYK's Construction & Infrastructure Department can assist you by analyzing the language of the terms and conditions of construction contracts and provide: -

1. clear interpretation about the same; and
2. solutions about how, when and who should the terms and conditions should be applied.

Invocation of Bank Guarantees
In the construction sector, a Contractor is contractually required to submit bank guarantees as Performance Security, security for Advance Payment, payment for Mobilization, Defects Notification Period. NYK’s Construction & Infrastructure Department can efficiently assist you in safeguarding your interests by lawfully invoking the bank guarantee. We can also safeguard your interest by challenging illegal/wrongful invocation of a bank guarantee.

Dispute Resolution
Considering the complex nature of construction projects involving multiple stakeholders, tight schedules, and various technical aspects, disputes can arise from issues related to contracts, design, scheduling, payment, quality, changes, and more. NYK’s Lawyers have a proven track record of representing clients in various ad hoc and institutional arbitration proceedings and litigations before various Courts of UAE relating to complex construction disputes. Our team has excelled in developing strong case strategies, conducting meticulous legal research, presenting compelling arguments, and achieving successful resolutions that align with the best interests of our clients.