Construction Disputes in Morocco (2026): How the New Civil Procedure Code Changes Claims, Injunctions and Enforcement for Foreign Contractors

Last reviewed: July 30, 2026

Construction disputes in Morocco are about to enter a fundamentally different procedural landscape. Law No. 58.25, the country’s entirely rewritten Civil Procedure Code, was promulgated by Dahir n° 1-26-07 on February 11, 2026, published in Bulletin Officiel n° 7485 on February 23, 2026, and enters into force on August 24, 2026. For foreign contractors, project owners and in-house counsel with exposure to Moroccan infrastructure projects, the reform reshapes provisional measures, service and notification rules, digital evidence, and the enforcement of both domestic and foreign judgments. The window to reassess litigation strategy, update contract clauses and secure pre-dispute protections is closing fast.

Here are the immediate action points every foreign contractor should address before the effective date:

1. Audit existing contracts, review dispute-resolution, interim-relief and governing-law clauses against the new procedural rules.
2. Preserve evidence now, compile contemporaneous site reports, progress photos and correspondence; the new code introduces clearer standards for digital evidence.
3. Secure payment protections, confirm that bank guarantees, retention bonds and advance-payment guarantees are enforceable under the revised enforcement framework.
4. Engage local counsel, a Moroccan-qualified litigator is essential for filing under the new procedural regime; early instruction avoids missed deadlines.
5. Consider pre-emptive provisional seizure, if a debtor’s solvency is uncertain, filing for saisie conservatoire before August 24 may avoid transitional procedural ambiguity.
6. Map enforcement routes, if you hold a foreign judgment or arbitral award, verify that your documentation meets the revised exequatur requirements.

Quick Take, What Foreign Contractors Must Know Right Now

Foreign contractors in Morocco face a concentrated set of procedural changes that touch every stage of a construction claim. The Morocco civil procedure code reform under Law 58.25 is not an incremental amendment, it replaces the foundational 1974 Code entirely. Below is a concise summary of what matters most.

• Provisional measures. The new code codifies clearer criteria for obtaining saisie conservatoire (provisional seizure) and interim injunctions, with tightened hearing windows that should reduce waiting times in commercial courts.
• Service and notification. Electronic service is now formally recognised, expanding options beyond the traditional huissier de justice (judicial officer) route and accelerating the commencement of proceedings.
• Evidence. Digital records, emails, BIM logs, timestamped photographs, can be admitted under new authentication standards. Court-appointed expert reports retain their central role, but the process for requesting and challenging them is now more structured.
• Enforcement and exequatur. The recognition and enforcement of foreign judgments and arbitral awards has been rewritten. New documentary requirements apply, and practitioners should anticipate a transition period as courts adjust.
• Litigation timelines in Morocco. Expedited hearing tracks and codified deadlines for procedural steps replace the largely judge-managed timetabling of the old code.
• Jurisdiction. New provisions on international jurisdiction clarify when Moroccan courts will accept or decline jurisdiction, critical for cross-border construction contracts.

Industry observers expect these changes to improve procedural predictability for construction disputes in Morocco, but the practical impact will depend heavily on how commercial courts in Casablanca, Rabat and Tangier apply the new rules in their first months of operation.

Key Changes in Law No. 58.25 Affecting Construction Disputes

Law 58.25 Morocco represents the most significant overhaul of Moroccan civil procedure since independence-era codification. For construction claims specifically, the reform addresses five critical areas: provisional measures, digital service and e-filing, evidence and expert reports, jurisdiction, and remedies. Each is examined below with reference to the statutory text published on the Adala portal and the legislative record of the Chambre des Représentants.

Provisional Measures Regime

Under the previous code, the procedure for obtaining provisional seizure in Morocco was governed by provisions that left considerable discretion to individual judges, with inconsistent practice across courts. Law 58.25 introduces a more structured framework. Applicants must now demonstrate a prima facie claim and genuine risk to enforcement, for example, evidence that a construction debtor is dissipating assets, transferring equipment off-site, or failing to maintain required performance bonds.

The new code sets out defined hearing timescales for provisional-measure applications, replacing the open-ended scheduling that previously caused delays. For creditors pursuing construction claims in Morocco, this means that a well-prepared application supported by documentary evidence should reach a hearing more quickly than under the old regime. However, the burden of proof on urgency and the risk to recovery remains with the applicant, and early indications suggest that judges will scrutinise supporting evidence closely.

Evidence and Expert Reports

Court-appointed experts (experts judiciaires) remain central to Moroccan construction litigation. Under the new code, the procedure for requesting, appointing and challenging an expert is now codified in greater detail. Parties have clearer rights to submit observations on the expert’s terms of reference and to contest the report before it is adopted by the court. For foreign contractors unfamiliar with the Moroccan expert system, the key practical point is that expert reports frequently determine the outcome, investing in strong technical submissions during the expert phase is essential.

Law 58.25 also formalises the admissibility of digital evidence. Authenticated electronic records, including timestamped project management data, digitally signed contracts, and email correspondence, are now expressly recognised. Certified translations remain mandatory for documents in languages other than Arabic or French.

Service and Notification

The 2026 reforms expand service methods beyond the traditional judicial-officer (huissier de justice) model. Electronic notification is now a valid method of service for certain categories of proceedings, provided that the party has consented to electronic communication or that the court authorises it. This is particularly relevant for foreign contractors with registered offices outside Morocco, previously, international service could add weeks or months to a dispute timetable. The new rules also codify specific timelines for responding to service, which provides greater certainty at the pleadings stage.

Interim and Provisional Measures, Obtaining Provisional Seizure and Injunctions Under the New Code

For foreign contractors facing non-payment, contract repudiation or asset-dissipation risk on a Moroccan construction project, interim relief is often the most urgent litigation step. Law 58.25 reconfigures both the substantive requirements and procedural mechanics for obtaining provisional seizure and interim injunctions in Morocco.

Urgent Interim Relief, What Is Available

Moroccan courts offer two principal forms of interim relief relevant to construction disputes: saisie conservatoire (provisional seizure of the debtor’s assets) and the interim injunction (ordonnance de référé), which can compel or prohibit specific conduct pending a final determination. Under the new code, both remedies are available from the president of the competent court, with an accelerated procedural track.

Provisional Seizure (Saisie Conservatoire), Procedural Steps and Required Proof

The likely practical effect of the reform is a more predictable process for obtaining provisional seizure in Morocco. The applicant must file a petition supported by:

• Evidence of a debt that is due, liquid and certain, or sufficiently established on a prima facie basis (e.g., unpaid certified payment certificates, admitted variations, or retention sums wrongfully withheld).
• Evidence of genuine risk to enforcement, for example, the debtor is transferring plant, failing to renew bonds, or is subject to insolvency proceedings.
• Identification of the assets to be seized, bank accounts, equipment on site, receivables from the project employer, or real property.

The new code requires the court to schedule a hearing within a defined, compressed timeframe following the filing of the petition. If the seizure is granted ex parte, the debtor has a codified right to apply for its discharge, and the applicant must commence substantive proceedings within the statutory period or risk the seizure lapsing automatically.

Interim Injunction, Standards and Timelines

An interim injunction in Morocco under the référé procedure is available where urgency is established and the measure does not prejudge the merits. In construction disputes, common applications include orders to preserve site access, prevent demolition of works, or compel the release of retained sums. Law 58.25 clarifies the jurisdictional basis for référé proceedings and standardises the timeline for hearings, which should reduce forum-dependent delays that affected the old procedure.

Court Practice and Practical Tips

Practitioners should be aware that Moroccan commercial courts in major cities, Casablanca, Rabat, Marrakech and Tangier, will be the primary forums for construction-related provisional measures. Industry observers expect an adjustment period as judges become familiar with the new provisions. Practical tips for foreign contractors seeking interim relief include:

• Prepare the application with a detailed chronology, certified copies of the construction contract, payment certificates and correspondence evidencing default.
• Engage a local huissier de justice for service immediately upon filing, delays in service can undermine urgency arguments.
• If the contractor’s registered office is outside Morocco, ensure that a local agent or process address is designated to receive court communications.
• Where the dispute involves a state entity or public-sector employer, check whether additional procedural requirements apply (e.g., prior notice or conciliation requirements under public-procurement regulations).

Making a Construction Claim Under the New Procedure, Pleadings, Evidence and Timelines

Commencing substantive proceedings for construction claims in Morocco under Law 58.25 requires careful compliance with the revised procedural formalities. The new code imposes structured pleading requirements and codified timelines that differ materially from the largely discretionary practice under the 1974 code.

Commencing Proceedings

The claimant must file an introductory petition (requête introductive d’instance) with the competent court, accompanied by all supporting documents. For construction disputes, this typically includes the signed contract, general and special conditions, amendments, progress reports, payment certificates, variation orders, and any expert or survey reports. The petition must clearly state the factual and legal basis for the claim, the relief sought, and the quantum of damages. Under the new code, e-filing is available at courts equipped with the necessary infrastructure, industry observers expect this to be operational at the principal commercial courts in Casablanca and Rabat from the August 2026 effective date.

Evidence Preservation and Expert Evidence

Given the central role of court-appointed experts in Moroccan construction litigation, early application for an expert appointment is critical. The new code allows parties to request a judicial expert at any stage, including before formal proceedings are commenced (via a référé application). Contractors should preserve all digital records, BIM models, drone survey footage, email chains, and progress photographs, with reliable timestamps and, where possible, certification or notarisation. The reform’s recognition of digital evidence means that well-organised electronic archives can significantly strengthen a claim.

Statutory Timelines and Expedited Hearings

Law 58.25 introduces defined procedural deadlines for the exchange of submissions and the scheduling of hearings. The table below illustrates a typical construction-claim timeline under the new code compared with prior practice:

Damages Claims and Interest

Contractors claiming payment for completed works, variations, prolongation costs, or defects-rectification costs should quantify their claim with precision. Moroccan courts award compensatory damages and may award interest from the date of default. Under the new code, claims for provisional enforcement of part of the judgment (where liability is established but quantum is contested) are available, a useful tool for contractors facing cash-flow pressure during protracted litigation.

Enforcement and Exequatur, Enforcing Judgments and Awards Against Construction Debtors

Obtaining a judgment or arbitral award is only valuable if it can be enforced. The enforcement of judgments in Morocco, and the exequatur procedure for recognising foreign judgments and awards, has been substantially rewritten by Law 58.25. Foreign contractors with cross-border exposure should pay close attention to the revised requirements.

Domestic Enforcement

Once a final and enforceable Moroccan judgment is obtained, enforcement is carried out through a huissier de justice under the supervision of the enforcement judge. Available enforcement measures include seizure and sale of movable and immovable assets, garnishee orders over bank accounts and receivables, and attachment of equipment on site. The new code standardises the procedure for enforcement challenges and provides clearer grounds on which a debtor can oppose enforcement, which also means that contractors can anticipate and respond to opposition more effectively.

Exequatur of Foreign Judgments and Arbitral Awards

For foreign contractors who obtain a judgment or award outside Morocco, whether from a European court, an ICC or ICSID arbitral tribunal, or an ad hoc arbitration, the exequatur procedure is the gateway to enforcement on Moroccan soil. Law 58.25 rewrites the exequatur provisions, introducing new documentary requirements and formalising the grounds on which recognition may be refused. Early scholarly commentary notes that the new framework aligns more closely with international standards while retaining Moroccan public-policy safeguards.

The practical steps for seeking exequatur under the new code include:

1. Obtain a certified copy of the foreign judgment or award, authenticated by the issuing court or tribunal.
2. Arrange certified Arabic or French translation of all documents.
3. File the exequatur application with the competent Moroccan court, accompanied by the required documentary dossier as specified in Law 58.25.
4. Serve the application on the opposing party in accordance with the new service rules (including, where applicable, electronic service).
5. Attend the exequatur hearing, the court will verify that the foreign decision meets the conditions for recognition (jurisdiction of the foreign court, due process, no conflict with Moroccan public policy, and no inconsistency with a prior Moroccan judgment).

Enforcement Against State Entities and Public-Sector Employers

Construction projects in Morocco frequently involve state or quasi-state employers, ministries, public establishments, regional authorities, and state-owned developers. Enforcement against public entities raises specific considerations, including sovereign immunity arguments and the availability of assets for seizure. The UNCTAD Investment Dispute Settlement Navigator records Morocco’s exposure to investor-state disputes, including in the construction and infrastructure sectors. Where sovereign risk is significant, foreign contractors should consider structuring disputes through arbitration (ICSID or other treaty-based mechanisms) and ensuring that bilateral investment treaty protections are activated before commencing proceedings.

Cross-Border Enforcement Considerations

Contractors holding a Moroccan judgment who need to enforce it abroad should verify whether the target jurisdiction has a bilateral or multilateral enforcement treaty with Morocco. Morocco is a signatory to several bilateral judicial-cooperation agreements and is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which facilitates enforcement of Moroccan-seated arbitral awards in over 170 jurisdictions.

Practical Checklist, What Foreign Contractors Should Do Now

The following checklist is designed for foreign contractors with current or anticipated projects in Morocco. It covers pre-project, contractual, operational and dispute-stage actions that should be taken in light of Law 58.25.

Pre-Project and Contract Drafting

• Due diligence on counterparty. Verify the employer’s financial standing, corporate structure, and any pending litigation or insolvency proceedings via the Marjii portal and commercial-registry searches.
• Payment security clauses. Include advance-payment guarantees, performance bonds, and retention-release triggers tied to certified milestones.
• Bank guarantees. Require irrevocable, on-demand bank guarantees from a Moroccan bank, these are directly enforceable under domestic law.
• Dispute-resolution clause. Specify arbitration (ICC or ad hoc with Casablanca seat) or designate the Casablanca commercial court; include an express provision permitting interim relief from Moroccan courts notwithstanding any arbitration agreement.
• Governing law and language. Confirm that the contract specifies the governing substantive law and that critical documents are available in Arabic or French.

During Performance

• Contemporaneous records. Maintain detailed, timestamped daily site reports, progress photographs, and electronic correspondence logs.
• Variation and claims notices. Issue all contractual notices strictly within the time limits prescribed by the contract, late notices are a common ground for defence in Moroccan courts.
• Expert pre-positioning. If a dispute appears likely, engage a technical expert to prepare a preliminary assessment before formal proceedings, as court-appointed expert evidence will be determinative.

On Dispute Onset

• Engage local counsel immediately. Instruct a Moroccan-qualified litigation lawyer to assess interim-relief options and procedural deadlines under the new code. Use the Global Law Experts lawyer directory to identify specialists.
• Consider provisional seizure. If there is a risk that the debtor will dissipate assets, file for saisie conservatoire without delay.
• Preserve digital evidence. Secure and authenticate all electronic records, ensure timestamps and chain-of-custody documentation comply with the new digital-evidence standards.

Before and After Judgment

• Provisional enforcement. Apply for provisional enforcement of any partial judgment to maintain cash flow during appeal.
• Monitor debtor assets. Track the debtor’s assets (bank accounts, equipment, receivables from other projects) to ensure effective enforcement.
• Exequatur preparation. If enforcing a foreign judgment or award, prepare the full documentary dossier, certified copies, translations, evidence of due service, before filing the exequatur application.
• Appeal strategy. Assess whether an appeal is warranted, bearing in mind the new code’s appeal timelines and grounds.

Comparative Table, Timeline and Key Legislative Dates

The table below summarises the legislative milestones and key procedural differences between the old and new civil procedure regimes as they affect construction disputes in Morocco.

Conclusion, Act Before August 24, 2026

Construction disputes in Morocco are entering a new era. Law 58.25 delivers the most comprehensive reform of Moroccan civil procedure in decades, reconfiguring provisional measures, evidence rules, service methods and the enforcement of foreign judgments and awards. For foreign contractors, the message is clear: the rules are changing, and those who prepare now will be better positioned to protect their rights, secure interim relief and enforce their claims when disputes arise.

The priority actions are straightforward. Review every active and pipeline contract against the new procedural requirements. Strengthen payment-security provisions. Preserve digital evidence to the new admissibility standard. Engage local litigation counsel who are already preparing for the August 24 transition. And if enforcement risk is present today, do not wait, provisional seizure applications filed under clear urgency grounds can secure assets before the new regime introduces any transitional complexity.

To connect with a qualified litigation specialist in Morocco, visit the Global Law Experts lawyer directory.

Sources

1. Adala, Moroccan Official Legal Portal (Ministry of Justice)
2. Ministry of Justice (Morocco), Law No. 58.25 Announcement
3. Chambre des Représentants, Projet de loi n° 58.25
4. WIPO Lex, Morocco Code of Civil Procedure (Historical)
5. Marjii, National Electronic Reference for Legal and Judicial Professions
6. UNCTAD, Investment Dispute Settlement Navigator (Morocco)