ADCC 391/2009, 229/2009
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
General Construction Law, Remedies, Construction & Engineering, Appeals, General Tax Law
Copyright
LexisNexis
Decision date
18 Jun 2009
Catchwords
Construction – Discounted Compensation – Engineering Consultancy – Appeal – Notification – Court Authority – Contract
This case involved a claim for compensation for a property which had not been constructed as detailed in the contract. Key points included when the engineering consultant had been joined to the case and that they had not been notified of proceedings. Also considered was the calculation of materials and how that impacted the awarded sum, and the court's authority in deciding that. The case also looked at the fact that compensation awarded to the claimant should have been discounted so it took into account materials which had been supplied by the defendant.
Background
A claimant filed a case against a company claiming the company had agreed to build a villa for them but it had failed meet the standards detailed in the contract. The claimant requested the court to appoint an expert to review the case. The company added an engineering consultancy to the case as a second defendant. The company filed a case against the claimant.
After sending an expert, the court ruled that the company should pay the claimant 135 AED and ruled that the engineering consultancy should pay the claimant 185000 AED. The court rejected the company's case.