Construction handover in the UAE: taking over under FIDIC

The handover steps

1
Plan the handover
Agree the handover strategy and the documents due at completion months ahead.
2
Tests on Completion
Pass the tests the contract requires (Clause 9).
3
Snag list
Inspect jointly, list every item by location, and close the important ones.
4
Authority approvals
Obtain the completion approvals the authorities require, such as Civil Defence and the municipality.
5
Apply for taking over
The Contractor may apply up to 14 days before it expects completion.
6
Certificate
The Engineer issues the Taking-Over Certificate within 28 days, or rejects the application with reasons.

What changes on taking over

Care of the Works passes to the Employer (Sub-Clause 17.2)
Delay damages stop at the date of completion (Sub-Clause 8.7)
The first half of the retention is released (Sub-Clause 14.9)
The defects notification period starts (Sub-Clause 11.1)
The Contractor has 84 days to submit the Statement at completion (Sub-Clause 14.10)

Deemed taking over

If the Engineer neither issues the certificate nor rejects the application within 28 days, and the Works substantially comply with the contract, the certificate is deemed issued on the last day of that period. If the Employer uses part of the Works before a certificate is issued, that part is deemed taken over from the date it is used (Sub-Clause 10.2).

A snag list that closes

One reference, one location and one photograph for every item
One party responsible and one target date
Priority A items closed before taking over, priority B items in the defects period
Only the Engineer’s check on site closes an item

Sample wording

Under Sub-Clause 10.1 we apply for the Taking-Over Certificate for the Works. In our opinion the Works will be complete and ready for taking over on 30 September 2026, 12 days after the date of this notice. The Tests on Completion have been passed, the Civil Defence inspection was passed on 10 September 2026, and the remaining minor items are listed in the attached snag list.

After taking over

The Contractor remedies the defects notified during the defects notification period. The Engineer issues the Performance Certificate within 28 days after the latest expiry date of the defects notification periods, or as soon after that as the Contractor has supplied all its documents and completed and tested all the Works, including remedying any defects (Sub-Clause 11.9).