OVERVIEW

Last year, the average value of disputes in the Middle East dropped to $57 million in 2018 from $91 million in 2017. This is likely due to disputes trickling down the supply chain, involving suppliers and subcontractors, with typically lower dispute values. It is also relective of the value of projects that have been awarded in recent years, which ranged from mid- to large-size. Although the total volume of construction disputes is about the same as 2017, the average length of time needed to resolve a dispute has increased to 20 months, compared to 13.5 months in 2017. This increase is likely attributed to the low liquidity in the construction market, which encourages the liable parties in the dispute to postpone the timing of having to pay out the disputed amount by prolonging the dispute cycle as much as possible. The building market (which includes education, healthcare and real estate development) has topped the list for disputes for 2018.

 

DISPUTE VALUE (US$ MILLIONS)

LENGTH OF DISPUTE (MONTHS)

2011

2012

2013

2014

2015

2016

2017

2018

2011

2012

2013

2014

2015

2016

2017

2018

Middle East

112.5

65

40.9

76.7

82

56

91

56.7

9

14.6

13.9

15.1

15.2

13.7

13.5

20

 

2018 RANK

DISPUTE CAUSE

2017 RANK

1

Poorly drafted or incomplete and unsubstantiated claims

New in 2018

2

A failure to properly administer the contract

2

3

Owner/contractor/subcontractor failing to understand and/or comply with its contractual obligations

New in 2018

 

2018 RANK

MOST COMMON METHODS OF ALTERNATIVE DISPUTE RESOLUTION

2017 RANK

1

Party-to-party negotiation

1

2

Arbitration

2

3

Mediation

New in 2018