Setting Up and Structure

Fit-Out and Construction

Two things decide whether a fit-out goes wrong. **Approvals** — landlord, municipality and civil defence — which nobody can shortcut and which gate the whole programme. And **payment security** — because in a market where the contractor is usually paid in arrears against certified work, both sides need protection they rarely negotiate.

Download as Word6 pages19 KBFree
[HEADER — replace with your organisation’s letterhead, if used]

Fit-Out and Construction

Engaging a contractor

Two things decide whether a fit-out goes wrong. Approvals — landlord, municipality and civil defence — which nobody can shortcut and which gate the whole programme. And payment security — because in a market where the contractor is usually paid in arrears against certified work, both sides need protection they rarely negotiate.

ItemDetail
Employer[COMPANY NAME], [licence] [NUMBER]
Contractor[NAME], licence [NUMBER]
Contractor licensed for this work?[Y/N] — and holds the required classification
Premises[UNIT, BUILDING, EMIRATE]
Landlord approval obtained[DATE]
Municipality permit[NUMBER], dated [DATE]
Civil defence approval[NUMBER], dated [DATE]
Contract sumAED [AMOUNT][lump sum / measured]
Start and completion[DATE] to [DATE]
Retention[5]% — released [half at completion, half after the defects period]
Defects liability period[12] months
Liquidated damagesAED [AMOUNT] per day, capped at [10]%

1. Before Signing

#CheckWhyDone
1Contractor licensed and classified for this workA licence covering "general contracting" may not cover it[Y/N]
2Landlord approval to the drawingsBlocks everything if refused later[Y/N]
3Municipality permit obtainable for the designSome designs will not be approved[Y/N]
4Civil defence approval for fire systemsCannot occupy without it[Y/N]
5Who obtains and pays for approvalsAllocate expressly[Y/N]
6Contractor insurance — CAR, public and employers liabilityEvidence, not a promise[Y/N]
7Contractor’s workers hold valid permitsYour site, your exposure[Y/N]
8Programme realistic including approval timeApprovals are the usual delay[Y/N]
9Scope complete — drawings, specification, finishesAmbiguity becomes a variation claim[Y/N]
10Reinstatement obligation under the lease understoodYou may have to remove all of this[Y/N]
11Payment terms and security agreedSee Section 4[Y/N]
12Rent-free fit-out period sufficientDelay costs rent[Y/N]

2. The Works

Generated from www.helionerp.com1

5 more pages in the Word file

This is page 1 of the Word document, exactly as it appears when you open it. Fields shown like THIS are placeholders for you to complete.

Notes for use

These notes accompany the template and explain the drafting choices, the compliance points and the mistakes most often made with this document. They appear as a final page in the Word file, intended to be deleted before the document is executed.

Approvals gate the whole programme

Landlord approval to the drawings, the municipality permit and civil defence approval cannot be shortcut, and delay in any of them stops everything. Allocate responsibility for each expressly — both parties assuming the other is obtaining an approval is the classic cause of a stalled fit-out.

Check the contractor’s licence and classification

A licence describing general contracting may not cover the specific works, and certain trades require classification. Working with an inadequately licensed contractor causes problems at permit stage and leaves the employer exposed on site.

Contractor personnel must hold valid permits

Workers on your site without valid work permits are an exposure for the site occupier as well as the contractor. Require the warranty, and ask to see the establishment position for anyone on site for an extended period.

The midday ban applies to the site

Where any part of the works is outdoors, the summer afternoon prohibition applies regardless of programme pressure. It is inspected, and an employee’s willingness to work makes no difference.

Price the reinstatement before you build

Most commercial leases require the fit-out to be stripped out at the end. Building something expensive to remove without pricing the removal creates a cost that arrives three years later, and it is the most commonly unbudgeted item in a lease.

Retention is the protection against defects

Withholding a percentage of each payment, releasing half at completion and the balance after the defects period, is what brings a contractor back to fix things. Releasing it early removes the only practical incentive.

Confirm site instructions in writing the same day

Verbal variations agreed on site are the single largest source of construction dispute. Both sides believe something different was agreed, and neither can prove it. A same-day written confirmation costs a minute.

No variation without agreed price and time

Instructing work before the cost and programme effect are agreed transfers all the leverage to the contractor at the point the employer is committed. Agree both before the work is done, not after.

Set liquidated damages at a genuine estimate

Typically the rent and holding costs of the delay period. A punitive figure risks being reduced or set aside, leaving the employer with less than a realistic rate would have provided.

Get the closeout documents before final payment

As-built drawings, warranties, manuals, test certificates and copies of the approvals. Without them the next landlord inspection, insurance claim or licence renewal has no supporting documentation, and the contractor has no reason to provide them after being paid.

Pay certified work on time

Non-payment on fit-out projects is common and self-defeating. A contractor that stops mid-project leaves a part-built space, an unapprovable design and a rent clock still running. The employer loses far more than the disputed amount.

Verify insurance before commencement

Contractors all risks, public liability and cover for the contractor’s own personnel. Ask for the certificates and check the limits against a realistic incident, rather than accepting a contractual promise to insure.

Track any post-dated cheques

Where cheques are issued against the payment schedule, log them, present them only as scheduled, and recover them with written confirmation on final payment. Unpresented cheques after project completion are a live liability.

Allow approval time in the programme

Fit-out programmes routinely assume approvals arrive instantly. They do not, and the rent-free period is usually calculated on the optimistic assumption. Build realistic approval durations into both the programme and the lease negotiation.

Current as of

Reflects UAE law and practice current as of {{DATE OF USE}}. Contractor licensing and classification, municipality and civil defence requirements, permit rules, safety obligations including the midday ban, and VAT treatment all differ by emirate and change — confirm with the relevant authority and take UAE legal advice on any material construction contract.

This is a ready-to-use template provided for convenience. Laws and requirements change, and every situation is different — please have it reviewed by a qualified professional (a lawyer, corporate secretary, or accountant as relevant) before you rely on it.