DCC 77/2011
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Breach, Discharge & Rescission of Contract, Remedies, Building Contracts
Copyright
LexisNexis
Decision date
21 Sep 2011
Catchwords
Subcontracting agreement – Breach – Work carried out improperly – Remedy – Set Off
This case involved a subcontracting agreement for the manufacture, supply and installation of wooden doors which one of the parties claimed had been breached. They argued the agreement had been breached because the work was not carried out properly and the defendant had not tried to remedy their breaches. However the defendant had assigned the work to other contractors. The claimant was asking for this amount to be repaid as the defendant had taken full payment. Issues included whether a second contractor could be asked to complete the work and conditions for set of
Judgment
Pursuant to the perusal of the documents and the hearing of the report read by the judge rapporteur and after deliberation,
Whereas the cassation has fulfilled its formal conditions;