Construction and engineering

SASLO regularly advises on major oil and gas, power and water, engineering, procurement and construction (EPC), infrastructure, transport and environmental projects.

The key aspects of our service are:

  • Appropriate use of standard forms. We acknowledge that the use of industry standard forms (such as FIDIC and the The Oman 2019 Standard Form) promotes consistency and understanding across the industry, and we advise on their appropriate use. We often propose amendments to the standard forms to protect the position of our clients.
  • An effective interface with professional third parties. We are used to working closely with the project designers, consulting engineers, financial, management and planning consultants to ensure that construction documents reflect and fit with the requirements of other infrastructure development obligations, for example, environmental issues, planning permissions and agreements with other interested parties.
  • Flexibility. We recognise that, by its nature, infrastructure development work requires flexibility. We propose procurement methods, and prepare documents, which allow an appropriate level of flexibility in relation to development of the project and contracting arrangements.
  • Bankability. We understand that some infrastructure developments need to meet the requirements of those providing funding, whether that be end-users, banks or other third party funders. In preparing all of our documents, we ensure that the arrangements and terms of the documents will be acceptable to those providing the funding to public entities.
  • Public bodies. We understand the requirement upon entities involved in public sector projects to obtain best value in a transparent and accountable way, and to meet the objectives of all stakeholders, including political stakeholders. We understand the issues which arise when government entities interface with the private sector for the provision of engineering and construction works and services.
  • Large Projects. Large scale projects have a wide range of other risks associated with them - risks that can arise from a number of sources - for example: exposure to contractor default, environmental constraints, regulatory compliance and availability of labour or materials. Understanding the project specific risks is key to a successful project.  We have advised on a range of procurement structures for large scale engineering projects, including traditional procurement (re-measurement or lump sum contracts), construction management, design and build, PPP forms of procurement (such as BOO, BOT, DBFO, EPC and EPCIC agreements) and other transactions involving a range of boutique and standard form contracts. We understand that a successful project relies on more than appropriate documents. We regularly provide project support to developments during the construction phase, with the aim of minimizing areas of disagreement, and avoiding disputes. Our construction team is committed to providing the clients an excellent “front end” construction and engineering advisory services and support.

Construction contracts claims and disputes

We have found that our construction law services in Oman are most often needed when project participants are required either to present or defend complex claims during extended negotiations, prior to threatened arbitration. These claims usually concern alleged entitlements to extension of time (the single most common cause of construction disputes in the GCC), extra costs due to prolongation and/or variations and disputes concerning quality. We work closely with clients, and often with their technical and claims consultants on such claims, advising on the legal merits of the positions being asserted, and reformulating arguments adopted by our clients in order to improve their negotiating position.

In this respect, we act for a wide variety of public and private sector clients in all major asset creation sectors of the economy and in particular the waste, transport, utilities, development and education sectors. Either as part of their core business, or due to a one-off project, our clients require intelligent management of contentious matters and disputes.

Our team has experience in the resolution of disputes arising out of major development, construction and infrastructure engineering projects in the Sultanate and abroad. Such disputes require an understanding of complicated and complex contractual structures and the inter-relationship of a variety of parties; how construction and engineering projects run on the ground, including the technical side of the job; and the types of problems that can arise during such projects. Very often complex laws and procedures apply to these disputes and our team has extensive experience of dealing with all of these matters and the types of problems that arise.

Our lawyers have significant experience in construction and engineering matters. We have regularly advised numerous foreign and domestic contractors on various aspects of the FIDIC standard form and conducted a legal risk analysis for their various projects. Our team has also worked on numerous construction projects in Muscat, having prepared extensive Requests for Tender under the FIDIC Red Book form for the main works contract.

We work closely with our clients, and often with their technical and claims' consultants on such claims, advising on the legal merits of the positions being asserted, and reformulating arguments adopted by our clients in order to improve their negotiating position.

In this respect, we act for a wide variety of public and private sector clients in all major asset creation sectors of the economy and in particular the waste, transport, utilities, development and education sectors. Either as part of their core business, or due to a one-off project, our clients require intelligent management of contentious matters and disputes.

Our team has experience in the resolution of disputes arising out of major development, construction and infrastructure engineering projects in the Sultanate and abroad. Such disputes require an understanding of complicated and complex contractual structures and the inter-relationship of a variety of parties; how construction and engineering projects run on the ground, including the technical side of the job; and the types of problems that can arise during such projects. Very often complex laws and procedures apply to these disputes and our team has extensive experience of dealing with all of these matters and the types of problems that arise.

SASLO’s lawyers have vast experience handling all phases of the most complex and demanding arbitration disputes, including advising on drafting arbitration clauses, developing dispute resolution strategies, conducting arbitration hearings and seeking recourse in courts when necessary, with respect to enforcement of arbitration agreements, awards or provisional relief.

We handle complex disputes across a range of sectors and are well known for our work in construction disputes in arbitration, litigation and alternative dispute resolution. The firm has been ranked in top tiers by various international and national publications. In 2021, SASLO was ranked as Tier 1 for Real Estate and Construction in Oman by Legal 500, a leading global directory. We are consistently ranked as one of top tier law practices in the Sultanate, and our lawyers are regularly recognized by legal directories as leaders in their respective fields. Our Managing Partner, Mr. Said Al-Shahry has been recognized as Eminent Practitioner in Dispute Resolution by respected Chambers & Partners legal directory.

Selected projects

Advising an Asian EPC contractor on appropriate structure for the Joint Venture by setting out the potential risks and liability of each, essential clauses and provisions of the shareholder’s agreement which will enable the client to hedge and defend the project operation risks.
Advised one of Oman's largest companies on applicability of certain clauses of the EPC contract for Oman refinery project.
Advising a Middle Eastern Government in on-going arbitrations relating to multiple and separate disputes concerning a major infrastructure project; and many more.
Acting as the sole Arbitrator appointed by the court in a major construction dispute between a Government Ministry and a contractor in relation to the construction of the Ministry’s head office building.
Acting for a well-known construction company in Oman in seven ad hoc construction arbitration claims raised by local sub-contractors (including counter claims raised by our client) concerning different sub-contract agreements pertaining to Extension of Time (EOT), prolongation cost, etc.
Acting for a well-known construction company in Oman in five domestic construction arbitration claims raised by one of their sub-contractors concerning five different sub-contract agreements pertaining to Extension of Time (EOT), prolongation cost, etc.
Acting for a well-known Omani EPC contractor in an ICC Arbitration concerning a power plant dispute.
Acting for a government owned company in a UNCITRAL Arbitration concerning an oil & gas project with an EPC contractor pertaining to Extension of Time (EOT), prolongation cost, etc.