Ali Al Rashdi is a Managing Partner of Bait Al Qanoon and has vast experience in arbitration, commercial, criminal, and administrative laws. Ali started his career in litigation in an international law firm in Oman in 2006 until 2018 and then joined Fatma Al Mamari’s Law firm (associated with an international law firm) until August 2019 and is now a Founding Partner of Bait Al Qanoon. Ali has considerable exposure to major and intricated legal cases in energy, infrastructure companies, and banks. Ali is a leading construction lawyer in Oman, We had a candid interaction with him to know more about his work profile, firm, and the field he practices in. Read the conversation below:

Can you introduce yourself to the readers?

With more than 16 years of experience as a lawyer, I started my career in litigation with Denton’s Law firm, Oman Branch in 2006, and in 2018 joined Fatma Al Mamari’s Law firm (associated with Clyde & Co.) and since 2019 Founding Partner at S&A Law firm.

Being into a recognised career with commendable potential, I revere my day-to-day concoction of legal research as a lawyer and being able to understand and assist my clients throughout. I believe the law profession is always challenging, specifically when your ultimate goal is to achieve the best results for your clients and your law firm. I handle various disputes, and my strength is in construction, arbitration, and criminal cases.

I am admitted to practice as a lawyer before the Supreme Court in the Sultanate of Oman, and I am an accredited arbitrator at the GCC Commercial Arbitration Centre.

Tell us about the practice area of Construction Law, How did you get started, and how did you come to specialize?

Bait Al Qanoon represents various clients in the construction industry, including employers, contractors, subcontractors, architects, consultants, and suppliers in design and construction defects, variation orders disputes, late payment claims, construction accidents, and disputes related to letters of guarantee. We have extensive experience in mediation, arbitration, and litigation proceedings.

My previous work for more than 13 years in two international law firms provided me with an opportunity to work in complex construction cases, enhancing my skills and knowledge in construction law. Such distinguished experience coincided with a distinctive presence before the Omani courts, involving me in many construction cases as a lawyer or an arbitrator chosen by one of the parties to the disputes.

What are some of the biggest legal issues faced by the construction industry currently? How does Bait Al Qanoon firm help them overcome those challenges?

In Oman, we do not have specialized courts in construction disputes, and the courts depend primarily on experts accredited by the Ministry of Justice and Legal Affairs. However, it is rare to hire an expert who has experience in complex disputes requires a detailed analysis of a large volume of data like daily, weekly, and monthly progress reports, schedule programme updates, minutes of meetings, drawings, specifications, correspondence, etc.

To overwhelm this challenge, we advise clients to resolve disputes through mediation or arbitration, allowing parties to engage expertise commensurate with the nature of each dispute. Also, we work closely with an extensive network of experts to prepare and present the best arguments to protect our client’s interests.

Describe a day in the life of a Construction Law Attorney

The hike in the Construction sector makes it necessary to appoint a construction attorney at some point of the process. A construction lawyer mostly represents large companies, property owners and individual workers, thereby assisting a wide range of clients and involving in a variety of different tasks. From negotiation of projects and drafting different agreements/contracts between interested parties and providing general business advice to dispute resolution process through settlements, arbitration and third-party mediation.  

I believe a construction attorney lawyer should be innovative and must have strategic and analytical thinking to deal with various claims. When you are into construction law, it gives you a lot of opportunities to deal with a variety of cases. One has to deal with a complete industry rather than just legal procedures.

What are some trends or developments you expect to see in the fields of construction?

Like every other sector, the construction arena has been drastically impacted by the COVID-19 pandemic, which drained its global productivity. Also, the war between Russia and Ukraine and the sanctions imposed on Russia led to increased building materials prices. The ongoing construction delays followed by enormous disputes resulted in reducing the manufacturing process and the flow of construction projects. The impact of construction disputes can be wide-ranging; lawyers thus need good coordination with clients to enhance certain facets in preparation for various legal, commercial, and financial complications that they may confront.

These circumstances introduced the requirement for drafting construction-related agreements, including provisions of risk management associated with this pandemic, such as liquidated damages provisions, delay provisions, delivery procedures, cost accelerations, management of supply chain issues, and mitigation damages and insurance. 

Consequently, this developed the quality and level of security in terms of advising construction-related issues. This pandemic acted as a motivational force for construction lawyers to provide more secure, complex, and protective advice for the client, which will benefit both the client and the other parties involved.

Since your practice area is Arbitration too, can you tell us a little about it? How does Arbitration work in the field of Construction?

Like other contracts, arbitration requires parties to the construction contract to agree on the arbitrator. 

Do you have any advice for an undergraduate interested in pursuing this field of law and the legal profession?

I think having an internship in law firms specializing in construction disputes and constantly reading the rulings published by courts in different countries, which are somewhat similar rulings on the main principles regulating construction contracts, is one of the best ways to help the student understand construction law.

If not law, what would have been your career choice?

I feel that business management is an exciting and renewable field that provides experience and skills to help people in their private life and in various business sectors. I will be creative in this field if I have the opportunity.