More problems at Bar Al Jissa Developments? Tales of dispute and... subsidence

Mega-conglomerate Zubair Corporation's Bar Al Jissa Development, built up on the cliffs next to the 3 Shangri La Hotels on the beach, was fortunately all sold out before the real estate melt down (off plan) at top top prices. Thus the properties have been pretty much built, albeit late.

The Dawn apartment, at Bar Al Jissa Developments. On the level?


But I'm told a few problems are still on-going. There may be a problem with villas in the upper and lower 'Dawn' Section. The upper Dawn problem potentially effects units 1 to 10, the row closest to the road. The others in lower Dawn are the first 3 in from the road. It's minor subsidence, aka 'settlement' in construction speak.

If this is the case, the problem is due to a combination of the way this area was filled & retained, and the structural slab design and/or the workmanship. In effect, it couldn't withstand the recent rain and all that irrigation water being pored on to make some landscaping grow. This water is washing away some support to the buildings' foundation.

'Settlement' is occurring that is resulting in ugly cracks, gaps, etc that can’t be glossed over with a dose of filler and paint. Last week long meetings were held between the parties concerned.

Now, these sort of problems are, apparently, not unusual. The developer, Zubair, should have held a 10% retention on the contractor and had warranties & liabilities defined with the architect, engineers, Project Management Company, etc.

Theoretically the developer should just fix it – in engineering after all, money fixes everything. They should simply get the problem fixed, get the approvals and proceed to get the owners moved in and close on the final payment.

Another problem is that builder Bodgeit and Legit L&T (the engineers building the place) are a Zubair local sponsored company. Ooops. In fact their performance has been so lacklustre Zubair themselves actually dropped the company from the shortlist to tender to build the apartments around the marina development.

So now expect the usual round of the Omani Business Game called "pin the problem on the foreigners". But most of those involved should have reasonable risk mitigation clauses in their contracts to cover themselves, liability wise, for the 'settlement'.

I'm told HSBC, the mortgage lender to at least 25 BAJ props, wisely won’t release the final payment until the Developer warrants the security (with independent eng. back-up) of their collateral. And the poor purchasers are still waiting for their houses, already more than a year late.

One solution is apparently to drill and inject concrete into the sub-soil to each dwelling footings to rectify movement. Ouch. Someone's going to have to pay. But who?

Let the games begin!

To anyone involved in this battle who's reading this: you may increase your chances of playing Russell Crow's character than one of the others by getting advice.


Parties to the dispute may wish to note the services available from Muscat Confidential's well qualified Corporate Sponsor, Paul J. Waters, manager of the Construction Law Advisory Services Division of respected local law firm Dr. Abdullah Alsaidi & Co Law Office.

Shameless Plug: Construction Law Advisory Services in Oman

Construction doesn't always go to plan, and especially with the growth of so-called 'off-plan' purchases of property and the expansion of construction activity of all types in Oman. Disputes can unfortunately occur between the various parties involved.

So I'm pleased to be able to highlight the services of Paul J. Waters, manager of the Construction Law Advisory Services Division of respected local law firm Dr. Abdullah Alsaidi & Co Law Office.

Paul has become our first prestige advertisor here at Muscat Confidential. You can see the new link at top right. Below is a summary of their services and contact details. Please tell him you saw the ad here at Muscat Condifential.

All advertising revenue is being donated to local charity Dar Al Atta'a.




The Construction Law Advisory Services Division for Dr. Abdullah Alsaidi & Co Law Office is managed by Paul Waters, Senior Legal Advisor in Construction Law. Paul has many years of experience working for both contractors and consultants, many of which have been in the Gulf region.


Paul holds a Bachelors Degree with honours in Quantity Surveying and a Masters Degree in Construction Law and Arbitration. He is a member of the Chartered Institute of Arbitrators (UK) and the Society of Construction Law (Gulf)

Construction Law Advisory Services
At Dr. Abdullah Alsaidi & Co Law Office we understand the importance of having access to highly professional legal consultancy Services from an Omani law firm specialising in construction and contract law. In dispute situations, we can offer our extensive knowledge and practical experience in Alternative Dispute Resolution procedures, such as arbitration, in order to provide our clients with a tailor-made solution to suit their exact requirements.

We welcome commissions for a wide variety of construction consultancy services on flexible and cost-effective terms. Our aim is to provide our clients with a professional service which addresses their needs at any stage of their project. We are always available to discuss your exact requirements.

Paul J. Waters BSc (hons) LLM MCIArb
Senior Legal Advisor – Construction Law

(T) +968 2479 9755 / +968 2470 0595
(F) +968 2478 6580
(M) +968 9672 4436
(E) paul@omanilaw.com
(W) www.omanilaw.com

For Dr. Abdullah Alsaidi & Co Law Office.
Advocates, Arbitrators and Legal Consultants