Defects affect construction projects throughout their life-cycle – from design to construction to use. UAE law and the FIDIC Red Book, the most common form of construction contract adopted in the UAE, have numerous provisions to address defects. Whilst the contractual and legal implications of defects usually require intense investigation and are necessarily fact-specific, Reed Smith’s UAE construction team presented the following hypothetical case study at a recent discussion forum to illustrate some of those implications. The analysis that follows the case study captures that discussion.

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