DCC 37/2009

This case involved work on an offplan project which had been sold. A key issue was whether an expert should be appointed to review completion when there was no provision in the contract on the expected completion date.

Background Facts

Under the terms of the agreement signed between them and the Defendant on 25-8-2008 a party bought a floor in the project consisting of eight apartments each of 1000 square feet at 3350 AED per square foot and paid 4,800,000 AED per floor, which represented 15% of the purchase price under reference number ROW / 01 - 2008 for the Plaintiff.

The Plaintiff was surprised when the Defendant informed them that it was entitled to change the location of the building in a place called Jumeirah Garden City and that the price would increase to 2,500 AED per square foot. They also did not register the contract in the initial land registry under Dubai Law No. 13/2008 and did not start construction despite a period of more than eight months.

Since the Defendant had breached their contractual obligations, the Appellant had the right to request annulment and filed the claim

Proceedings