The technical role in construction arbitration and project disputes

A project dispute may be contractual, but it often turns on an engineering question: was the design buildable, what caused the defect, which activity moved completion, and is the claimed cost linked to the event? Legal teams therefore need an organised technical file that separates fact from opinion and states the limits of each conclusion.

This article provides general information, not legal advice, and does not suggest that arbitration is appropriate for every case. The dispute clause, governing law, procedural rules, and jurisdiction should be reviewed with qualified legal counsel.

Where do disputes usually begin?

• Instructions or changes implemented before time and cost were agreed.
• A claim notified or recorded in a way that may not align with the contract.
• Disagreement over workmanship, design responsibility, or defect cause.
• Multiple delay causes supported by inconsistent schedules and records.
• Differences between quantities, payment applications, completed work, and documents.
• Handover, acceptance, or termination without a clear condition and reservation record.

First step: read the contractual dispute path

Identify what the contract requires before preparing the file: negotiation, engineer's determination, dispute avoidance or adjudication board, mediation, arbitration, or litigation. Review time limits, notices, appointing body, seat, language, and applicable rules. Not every FIDIC contract or Saudi project follows the same route.

Build a dispute map

1. Define the issues: express each point of disagreement as an answerable question.
2. Build a chronology: event, notice, instruction, response, affected work, and outcome.
3. Link evidence: connect each fact to the contract, drawing, correspondence, minutes, photograph, or site record.
4. Separate disciplines: technical, schedule, quantity, cost, and contractual analysis, with their interfaces identified.
5. Record gaps: identify missing documents and how they limit the available conclusion.
6. Create an allegation-evidence matrix: each party's position, support, response, and status.

The engineering expert's role

An expert explains an issue within their field and states the information reviewed, method, assumptions, limitations, and conclusion. The opinion should remain independent of the appointing party's interest and distinguish established fact, assumption, and professional opinion.

A file may need several disciplines, including structural defects, MEP design, quantum, or delay analysis. One expert should not extend an opinion beyond their competence simply to combine the report. Our guide to engineering expert reports explains scope and evidence requirements.

Delay and claim analysis

A time dispute cannot be resolved by comparing two dates alone. The analysis should test the baseline and updates, critical path, relevant period, concurrent events, and mitigation. For cost claims, each cost category should connect to an event, period, record, and calculation method. See our guides to FIDIC claims management and delay analysis.

Preserve evidence and versions

• Retain original files, metadata, and receipt dates.
• Use a consistent index and stable exhibit numbering.
• Do not alter photographs, schedules, or correspondence without preserving the original and recording the change.
• Record each document's source, approval status, and any gap or inconsistency.
• Coordinate confidentiality, privilege, and disclosure management with legal counsel.

Settlement before arbitration

Early analysis is not only preparation for a hearing. It can expose strengths, weaknesses, and the realistic range of disagreement, supporting informed negotiation or mediation. Settlement is a commercial and legal decision, but sound technical analysis helps parties assess exposure rather than negotiate from assumptions.

What happens in institutional arbitration?

Procedure depends on the agreement and selected rules. In general, the process may include a claim and response, constitution of the tribunal, case management, a timetable for submissions, evidence and experts, hearings where needed, closure, and an award. Some rules provide expedited or emergency procedures, but their availability depends on the relevant conditions and agreement.

Official Saudi reference

The Saudi Center for Commercial Arbitration publishes its 2023 Arbitration Rules, including provisions for case administration and certain expedited and emergency procedures. The full rules, actual agreement, and legal advice must be consulted to determine the procedure for a specific matter.

Reducing disputes before they arise

Prevention begins with BIM coordination for clashes, disciplined decisions and records through PMO controls, and technical reporting when a material issue emerges. After escalation, claims and dispute support helps structure facts and engineering analysis within the wider advisory team.

A practical issue-and-evidence matrix

For a hypothetical flooring dispute, stating that work is noncompliant is insufficient. Identify the area, item, specification and approved revision; connect the observation to suitable measurements or tests and inspection records; then record each explanation and the missing evidence. Separate the existence of a defect from its cause and remedial scope. Explain repair alternatives and the basis of quantities and costs where included in the appointment.

Disclose earlier design, supervision or advisory involvement that may affect appointment capacity or create a conflict. Party-appointed technical support, a tribunal-appointed expert and an arbitrator have different roles. Establish capacity and responsibilities before accepting the file.

Procedural reference update for 2026

The Saudi Center for Commercial Arbitration rules page includes Small Claims Procedures effective from 1 August 2026, replacing the earlier online arbitration procedures. Check the operative appendices as well as the 2023 rules title. Legal counsel should determine applicability to the agreement and filing; this reference does not select a dispute route.

Executive takeaway

A strong dispute file starts before advocacy: with a properly read contract, preserved records, defined issues, and independent traceable analysis. These foundations cannot guarantee an outcome, but they give decision-makers and counsel a clearer basis for negotiation, expert work, or arbitration.