A construction project is a major investment, and a dispute between the owner and the contractor, or between a main contractor and its subcontractors, can stop the works and multiply the costs. Dr. Abdullah Al Rashdi Office, Advocates and Legal Consultants acts as a construction lawyer in Oman, advising contractors, project owners and consultants from contract drafting through to litigation and arbitration, with over 20 years of experience. We do not carry out construction work; we provide the legal protection that the parties to a project need.
Construction contracts under Omani law
Construction contracts (muqawala) are governed by the Civil Transactions Law issued by Royal Decree 29/2013, which sets out the obligations of the contractor and the employer, the execution and handover of the works and payment. One of its most important rules is decennial liability: the engineer and the contractor are jointly liable for ten years for the total or partial collapse of buildings and fixed structures they built, and for defects that threaten their stability or safety. Any clause that excludes or limits this liability is void.
The contract itself also matters. Many projects in Oman use international forms such as FIDIC or government standard contracts, each with notice and claim procedures and time limits that must be followed, or the right to claim can be lost.
When do you need a construction lawyer?
- Before signing a construction contract or subcontract, to review its terms and risk allocation.
- When the project is delayed and the causes are disputed, or delay penalties are imposed that you believe are not due.
- When the employer withholds or delays interim payment certificates.
- When variations and additional works, their value or their time impact are disputed.
- When the contractor abandons the works, does not complete the building, or performs defective work.
- When you want to terminate the contract for breach and claim compensation.
- When a performance or advance payment bank guarantee is called, or a call is threatened.
- When cracks or structural defects appear after handover and a claim under decennial liability is needed.
Our legal services for the construction sector
- Drafting and reviewing construction contracts, subcontracts and consultancy agreements.
- Preparing and answering extension of time and additional cost claims within the contractual procedures.
- Bringing claims for unpaid certificates, suing contractors who fail to perform, and defending claims brought against you.
- Following court-appointed engineering experts and commenting on their reports.
- Representing you in commercial arbitration where the contract provides for it, which is common on large projects.
- Urgent applications to record the state of the works, or relating to bank guarantee calls, where the conditions are met.
- Settlement through mediation so the project can be completed instead of stopped.
- Enforcing judgments and arbitral awards in construction disputes.
How we work with you
- First contact: send us an outline of the project and the dispute on WhatsApp.
- Contract review: we identify the applicable clauses, notice and claim deadlines, and whether the dispute goes to court or arbitration.
- Building the file: we gather certificates, programmes, minutes and photographs, and bring in engineering expertise where needed.
- Settlement or proceedings: we negotiate first, and if that fails we file the claim and represent you to judgment and enforcement.
Read also: How to Sue a Contractor in Oman
Frequently asked questions
How do I sue a contractor who did not finish the building?
We review the contract, send the contractor a formal notice of breach and, if there is no response, file a claim before the competent court or start arbitration if the contract requires it, seeking performance or termination and compensation. An engineering expert is often appointed to assess the work done and the work remaining.
When are delay penalties due?
Delay penalties apply as set out in the contract when the contractor is late for reasons attributable to it. Where the delay was caused by the employer, for example late payments, late site handover or variations, or by events outside the contractor's control, the contractor may be entitled to an extension of time. Contemporaneous notices and project records are decisive.
What is decennial liability in Oman?
It is the joint liability of the engineer and the contractor for ten years for collapse and for defects threatening the stability or safety of buildings and fixed structures under the Civil Transactions Law. It cannot be excluded by contract, and a claim must be brought within a limited period after the collapse or the discovery of the defect.
Can a contractor claim for additional works?
Yes, if the additional works were instructed or approved under the contract procedure, typically by a written variation order. Contractors should document every change in writing before carrying it out; missing documentation is a common reason these claims fail.
If your project has stalled, your payments are late or you face a construction contract dispute, contact Dr. Abdullah Al Rashdi Office on WhatsApp, call +968 92000841, or visit us at Bait Al Hamad, third floor, Al Khuwair, Muscat, near Takaful Oman Insurance and Bank Muscat, opposite the Ministries area.