Construction.
From megaproject structuring to delay-and-disruption claims — legal counsel built for the realities of international construction.
Construction projects in the Middle East and Europe now routinely exceed USD 1 billion in value, involve multiple sovereign stakeholders, and span regulatory frameworks that differ fundamentally between civil-law and common-law jurisdictions. A single contractual misstep — an ambiguous variation clause, an unenforceable liquidated damages provision — can expose a developer or contractor to losses that dwarf the original contract sum.
GSDA Legal Consultants was built for this environment. Our construction lawyers have advised on some of the region's most significant infrastructure programmes, including transport, energy, and urban development projects in the UAE, Saudi Arabia, Qatar, and France. We draft and negotiate FIDIC-based and bespoke EPC contracts, advise on procurement strategy and risk allocation, and represent clients in ICC, DIAC, LCIA, and ad hoc arbitrations when disputes arise.
What distinguishes our practice is the integration of legal, commercial, and technical analysis. We work with quantum experts, delay analysts, and claims consultants from the outset — not after a dispute has crystallised — ensuring that our clients' contractual positions are defensible and their commercial interests are protected throughout the project lifecycle.
Whether you are a sovereign developer structuring a PPP concession, a main contractor managing a multi-billion-dollar EPC programme, or a subcontractor facing payment disputes, GSDA provides the sector-specific legal expertise that international construction demands.
Related Services
Industry challenges
Problems We Solve.
Ambiguous FIDIC Amendments
Poorly drafted particular conditions that create unintended risk allocation, leaving contractors or employers exposed to claims they never anticipated.
Delay & Disruption Claims
Extension of time disputes where concurrent delay, force majeure, and acceleration costs become intertwined across multiple contract interfaces.
Multi-Party Payment Cascades
Payment disputes flowing down the contractual chain — from employer to main contractor to subcontractor — with each party holding different contractual protections.
Cross-Jurisdictional Enforcement
Arbitral awards obtained in one jurisdiction that must be enforced in another, navigating the New York Convention alongside local enforcement regimes.
Regulatory Approvals & Permits
Complex permitting requirements that vary between emirates, governorates, and European municipalities — each with different timelines and political dynamics.
Defects Liability Exposure
Latent defects surfacing years after practical completion, triggering liability chains that extend to designers, contractors, and material suppliers.
Our expertise in construction.
FIDIC Contract Drafting & Negotiation
Red Book, Yellow Book, Silver Book — we draft particular conditions that protect your position while maintaining bankability and commercial viability.
EPC & Design-Build Structuring
Advising on turnkey contract structures, performance guarantees, interface management, and risk allocation in single-point-responsibility delivery models.
Delay Analysis & Quantum
Working with programming experts to build prospective and retrospective delay claims using recognised methodologies — as-planned vs as-built, windows analysis, and time impact.
Construction Arbitration
Representing clients in ICC, DIAC, LCIA, and CRCICA arbitrations arising from major infrastructure and building projects across multiple jurisdictions.
PPP & Concession Structuring
Advising governments, sponsors, and lenders on the legal frameworks for public-private partnerships, including concession agreements, direct agreements, and step-in rights.
Subcontractor & Supply Chain Disputes
Back-to-back contract analysis, pay-when-paid clauses, retention disputes, and performance bond calls in complex multi-tier supply chains.
Insurance & Bonding
CAR/EAR policies, professional indemnity, performance bonds, advance payment guarantees — structuring the risk transfer mechanisms that underpin project delivery.
Regulatory & Environmental Compliance
Navigating building codes, environmental impact assessments, health and safety regulations, and sustainability requirements across European and Gulf jurisdictions.
Frequently asked questions.
Which FIDIC form should I use for my project?
The choice depends on your risk allocation preference. The Red Book suits projects where the employer provides the design; the Yellow Book shifts design responsibility to the contractor; the Silver Book creates full turnkey risk. We advise on which form best suits your commercial objectives and how to draft particular conditions that modify the general conditions appropriately.
How do you handle delay claims in multi-contract projects?
We use forensic delay analysis methodologies — typically windows analysis or time impact analysis — working alongside programming experts to isolate the causes of delay, establish concurrent delay, and quantify prolongation costs. In multi-contract environments, we also address interface delays and the allocation of responsibility between contract packages.
Can GSDA represent us in DIAC or ICC arbitration?
Yes. Our dispute resolution team regularly represents clients in arbitrations administered by the ICC, DIAC, LCIA, and CRCICA. We handle the full arbitration lifecycle from notice of dispute through to award enforcement, including emergency arbitrator applications and interim measures.
Do you advise on NEOM or Saudi Vision 2030 projects?
We advise clients engaged in Saudi Arabia's giga-projects and broader Vision 2030 infrastructure programme. Our Riyadh office provides on-the-ground support for regulatory compliance, labour law, and procurement, while our broader team handles contract structuring and dispute resolution.
What is your approach to construction insurance disputes?
We analyse CAR/EAR policy wordings, assess coverage triggers, and manage the claims notification process. Where coverage is disputed, we represent policyholders or insurers in coverage litigation or arbitration, working with loss adjusters and forensic accountants to establish the quantum of insured losses.
How do you handle cross-border enforcement of construction arbitration awards?
We leverage the New York Convention framework and local enforcement procedures in each relevant jurisdiction. Our presence in France, the UAE, Saudi Arabia, and Egypt allows us to manage enforcement proceedings directly rather than instructing local counsel on your behalf.
Do you advise on green building and sustainability requirements?
Yes. We advise on LEED, BREEAM, and Estidama certification requirements as they affect contract drafting, specification compliance, and liability for failure to achieve sustainability targets. This is increasingly relevant for projects in the UAE and Saudi Arabia.
Can you assist with construction joint ventures?
We structure incorporated and unincorporated joint ventures for construction projects, addressing profit-sharing, management control, liability allocation, deadlock resolution, and exit mechanisms. Our joint ventures practice works closely with our construction team to ensure JV agreements align with the underlying construction contracts.
GSDA understood our FIDIC contract better than the engineers who drafted it. Their delay analysis saved us from a USD 40 million counterclaim.
General Counsel, International EPC Contractor
The GSDA advantage
Why clients choose GSDA for construction.
Lawyers who have advised on construction programmes valued at over USD 30 billion collectively across the Middle East and Europe.
Trilingual team (English, French, Arabic) that drafts, negotiates, and arbitrates in the language your counterparty requires.
Integrated delay analysis and quantum capability — we work with technical experts from project inception, not just when disputes arise.
Dual civil-law and common-law expertise, essential for FIDIC contracts operating across French, UAE, and Saudi legal frameworks.
Direct experience with sovereign clients, including government ministries, royal commissions, and public works authorities in the Gulf.