BCC 527/2008

This case involved amount due between a sub-contractor and contractor after it was claimed a subcontractor's delay had led to a deposit being kept. A key issue was the validity of the expert report including the impact of the expert having experience in accounting not engineering.

Background

A sub-contractor filed a case against a contractor and a defendant before the civil court requesting they pay him 9000 Dinars and 10% annual interest. The sub-contractor said that the two parties had agreed on contracting work in a hotel but the defendants failed to pay the amount.

The contractor filed a case against the sub-contractor before the court requesting the sub-contractor to pay him 32000 Dinars. The contractor said that he gave the amount as a deposit in order to make sure that the sub-contractor would finish his work. The contractor said that the sub-contractor was late in delivering the work and the hotel's owner seized the amount.

The court ruled that the contractor should pay the sub-contractor 6380 Dinars and 5% interest. The court dismissed the case made by the contractor.

The contractor appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision