Use of Building Defect Diagnosis in Construction Litigation: Case Study of a Residential Building

Abstract

AbstractWith the increasing complexity of the construction industry, disputes continue to take their toll in most construction projects. Litigation is still considered one of the most common forms of dispute resolution. Construction litigation usually involves complex technical issues, several parties, and a large volume of documents to review. With the technical complexity of construction litigation, technical experts are usually hired to assist the judge and to provide their technical opinion diagnosing the dispute-associated problems. A court case was initiated by the owner of a residential building in the UAE in response to a long-unresolved dispute with the contractor and the architect due to several defects that were discovered by the owner during the construction and after receiving the project. Mediation and arbitration are not common practice as dispute resolution methods in cases of residential projects financed by government loans in the emirate of Abu Dhabi. The authors were invited to form a ...