DCC 106/2004/2
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Construction Law, Building Contracts, Remedies, Breach, Discharge & Rescission of Contract, Civil Evidence, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
19 Dec 2004
Catchwords
Construction – Contract – Default Penalty – Interlocutory Request – Litigation Procedure – Expert – Evidence
This case involved money owned on a construction contract where agreed money had not been paid and work had not been completed. A key issue was that the default penalty request should have been treated as an interlocutory request and followed the relevant procedures.
Background
A Respondent filed the action No 383/2002 against the Appellant institution demanding they pay 73,033 AED with 9% interest as of the judicial demand until payment.
The plaintiff stated that they agreed that to do electrical and sanitary work in a private villa owned by an the other party for 98,000 AED and they did the work but the Defendant refused to pay.
Proceedings:
Dubai Court of First Instance | Decision taken on 07/09/2003
The court appointed an expert to look into the matter and after he deposited his original and complementary report, the court decided on 07/09/2003 to reject the action.
Court of Appeal - Appeal No 1329/2003 | Decision taken on 18/01/2004