ADCC 293/2009
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
General Construction Law, General Contract Law
Copyright
LexisNexis
Decision date
27 May 2009
Catchwords
Construction – Contract – Unpaid Amount – Defect – Expert Committee – Defence not raised
This case involved a dispute over the payment for a construction contract where it was argued the work was faulty. It was argued that it had been incorrect for a committee of three experts to be used in the lower court but only two of those experts used in the court of appeal. This was dismissed as the argument had not been raised at the lower court.
Background
A claimant filed a case against a defendant and requested the court to order the defendant to pay 77177 AED. The claimant stated they had agreed to build a villa for the defendant and they had failed to pay the complete fifth payment according to the contract.
The defendant filed a case against the claimant and requested the court dismiss the contract and accept the appointment of another contractor to finish the works. The defendant requested the claimant pay back the money received.