DCC 221/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Construction Law, Types of Contract, Litigation Procedure & Practice, Civil Evidence, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
1 Nov 2009
Catchwords
Construction – Delay – New Contractor – Contract – Litigation Procedure – Interlocutory Requests – Evidence – Expert
The original dispute involved non-payment for construction work and substitution with a new contractor as it was claimed there had been delays. The key issue was the procedure and remit for interlocutory requests. The court also looked at its remit to follow the expert report.
Background
A Respondent filed action No762/2007 against the Appellant demanding the appointing of an expert in engineering that they pay as detailed in the expert's report with interest.
The Plaintiff explained that he was an investor in a company yand the company for contacting under a general proxy from its owner and that he promised the Defendant that under the agreement dated 14/01/2005 to construct an office and a factory at ae property in the Free Zone and after completing 76% of the work agreed upon, another contractor was appointed and he did not get his entitlements.