UAE 334/2008/1

This case involved a construction contract where it was stated it had been agreed an additional amount would be payable if the value of the contract increased above a specific level. Suitable evidence was not provided of this agreement.

Background

A Respondent filed the lawsuit No 76 OF 2007 Abu Dhabi against the Appellant and others demanding they pay him 223,000 AED as he had an agreement with them that if he succeeded in building their principal headquarters, they would have pay him his fees and if the contracting costs increased by more than 1,600,000 AED the increase would be paid to him.

The Plaintiff managed to perform his obligation and the contract's value reached 2,304,000 AED which means he should be paid 704,000 AED from which the Appellant who had paid him 481,000 AED but they had refused to pay the rest.

The Appellant filed a counterclaim demanding that the Respondent pay them 181,000 AED which had been given to them as part of the increase.

Proceedings:

Court of First Instance

The Court of First Instance appointed an expert and after he deposited his report the Court rejected both cases.