BCC 246/2008
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Civil Evidence, Remedies, Building Contracts, General Construction Law, Breach, Discharge & Rescission of Contract
Copyright
LexisNexis
Decision date
2 Feb 2009
Catchwords
Evidence – Expert – Contractor – Contract – Remedy – Construction
This case involved a claim by a building contract for money which had not been paid under a construction contract. A ruling had been made following an expert report on money owed. The court was wrong to deny the defendant's request for another expert to be appointed to consider their defence that money was not owed as the construction work had not been completed.
Background
A contracting company filed a case against a defendant before the court requesting he pay 1698.750 Dinars and interest. The company said that they had built a building for the defendant for 10000 Dinars. The company said that a dispute rose between the two parties and it filed a case against the defendant in order to prove the status of the case, and that the expert concluded at the time that the defendant owed the company the amount.
The court said that the defendant should pay the company the amount and 2% interest.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision