ADCC 280/2025
Type
Case
Court
Abu Dhabi Court of Cassation - Commercial
Jurisdiction
Abu Dhabi, United Arab Emirates
Taxonomy
Breach, Discharge & Rescission of Contract, Civil Evidence, Building Contracts, Construction Dispute Resolution, Negligence, Directors, Remedies in Contract Law, Companies & Corporate Bodies
Copyright
SADER
Decision date
1 May 2025
Catchwords
Construction Contract - Delay - Partial Performance - Expert Report - Defects - Liability - Compensation - Breach of Contract - Penalties - Fraud - Project Abandonment
This case concerned a contractual dispute arising from the partial performance and delay in the construction of residential villas, where the appellant sought compensation and enforcement of contractual penalties.
Background
An Appellant filed Commercial Case No. 430/2024 before the Abu Dhabi Court of First Instance against four Respondents, seeking a ruling obliging the second, third, and fourth Respondents to jointly and severally pay AED 2,432,915, representing amounts already paid, along with 9% legal interest from 16 October 2018, and the daily penalty stipulated in the contract. Additionally, the Appellant requested that all four Respondents pay AED 1,000,000 in compensation for delays in contract execution.