How to Protect Yourself from Quality Defects in Construction Projects in Bahrain

How to Protect Yourself from Quality Defects in Construction Projects in Bahrain


Quality defects in construction projects are more than just technical issues — they can lead to financial losses, project delays, reputation damage, and even legal liability. Whether you're a developer, contractor, consultant, or subcontractor, defects can affect your bottom line and expose you to disputes long after handover.

In Bahrain, where construction projects must meet strict local and international standards, it's essential to understand how to prevent, detect, and resolve quality defects — and how to protect yourself legally if they occur.

This article outlines the most common types of construction defects, how to safeguard your interests at every stage of a project, and how legal professionals typically approach defect-related claims. A general illustrative example is also included.

 

What Are Construction Defects?

Construction defects refer to any aspect of a project that fails to meet:

  • Contractual requirements
  • Technical specifications
  • Industry standards
  • Regulatory or safety codes

These may be:

  • Structural defects (e.g., cracks in foundations or load-bearing walls)
  • Material defects (e.g., substandard concrete, corroded steel)
  • Workmanship defects (e.g., poor plastering, misaligned tiles)
  • System failures (e.g., faulty electrical wiring or leaking plumbing)

Some defects are visible at handover. Others appear much later  especially during the Defects Liability Period (DLP) or even after.

 

 Legal Protections Under Bahraini Law

Under Bahraini construction law and standard contracts (such as FIDIC), parties have the right to demand correction of defects and, in some cases, claim damages or terminate the contract.

Key legal principles include:

  • The contractor is usually liable for all defects discovered during the DLP
  • For major structural defects, decennial liability may apply up to 10 years from handover
  • The employer must notify the contractor of the defect within the allowed timeframe
  • Failure to correct defects can lead to compensation claims, penalties, or dispute escalation

 

 How to Protect Yourself from Construction Defects

1. Start With a Detailed Contract

Ensure the contract clearly defines:

  • Construction methods and material standards
  • Testing and inspection procedures
  • DLP duration and responsibilities
  • Penalties for defects or rework
  • Procedures for defect reporting and repair

2. Supervise During Execution

Don’t rely solely on documentation. Conduct regular site inspections, quality checks, and third-party audits. Document any issues as they arise.

3. Issue Written Defect Notices

If a defect is found, issue a formal notice in writing. Include photographs, site reports, and a deadline for rectification.

4. Hold Back Retention Money

Link final payment or retention release to completion of defect corrections. Always follow up with written confirmation of resolution.

5. Engage Legal Advice Early

If disputes arise, a construction lawyer can help interpret the contract, structure your claims, and enforce your rights without escalating to court unless necessary.

 

 Example:

In a residential project involving multiple villas, the project owner discovered cracks in interior ceilings just two months after handover. The contractor claimed it was due to settlement and not a structural issue.

A lawyer was engaged to review the contract and assess liability. Upon review, the contract included a 12-month DLP and required the contractor to rectify all visible and non-structural defects at their own cost. Site reports confirmed the cracks were caused by improper ceiling supports.

A formal defect notice was sent, and the contractor was given 15 working days to repair. When no action was taken, the lawyer issued a secondary legal notice. This resulted in the contractor completing the repairs without litigation.

This scenario highlights how proactive communication, proper contract terms, and legal follow-up can lead to a fast, fair resolution — even when technical disputes arise.

 

Best Practices for Developers and Project Owners

  • Use contracts that include detailed quality standards
  • Appoint supervising engineers or quality consultants
  • Conduct inspections at every project milestone
  • Document issues and responses in writing
  • Avoid releasing final payments until all defect issues are resolved

 

 Best Practices for Contractors and Subcontractors

  • Follow approved materials and drawings
  • Maintain a quality assurance system on-site
  • Respond to defect notices within the required time
  • Keep records of all repair work done
  • Ensure subcontractors comply with specifications

 

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