DCC 142/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Construction Law, Types of Contract, Breach, Discharge & Rescission of Contract, Arbitration, Legal
Copyright
LexisNexis
Decision date
13 Sep 2009
Catchwords
Construction – Evidence – Disclosure – Document Copy – Contract – Rescission – Penalty Clause – Arbitration – Power of Attorney
This dispute involved a construction contract which was being rescinded a key issue was whether a penalty clause in the contract still applied. The court also looked at the evidential value of a copy of a document which was claimed the opponent had the original and what had been the first hearing of the case.
Background
A Plaintiff filed suit No. 179/2008 against two parties requesting the Court to oblige them to pay 4,669,250 AED and interest of 12% from the date of the claim until full payment on the basis that on 15-9-2004, the Plaintiff contracted with the First Defendant to build, complete and maintain six warehouses on land located in the fourth industrial zone in Dubai to which a license from the Department of Buildings and Housing in the Municipality of Dubai on 28-2-2004 had been issued. The Plaintiff executed their contractual obligations, including payments made by the consultant (the Second Defendant).