ICC 804/2014
Type
Case
Court
Iraq Court of Cassation
Jurisdiction
Iraq
Taxonomy
General Contract Law, General Construction Law, Breach, Discharge & Rescission of Contract
Copyright
LexisNexis
Decision date
16 Apr 2014
Catchwords
Contract – Construction – Cancellation – Project Continuation
This case involved a request by a company which had been involved in a project for the court to order the project continue after it had been notified to stop work despite having completed 85% of the work. A business owner could request the suspension of a project at any point up to completion and it was not possible to force the business owner to continue it, although outstanding payments could be requested.
Background
A company filed a case against the Municipalities and Public Works Ministry and the acting manager of a company claiming that it had signed a contract with the ministry to implement a project under the supervision of that company (which was a consultancy company). However, the company claimed when it implemented almost 85% of the project, it was notified by consultancy company to stop the work. The company therefore filed a case requesting the continuation of the project until completion and a payment of its costs.
The court of first instance issued a ruling dismissing the case and requesting the company to pay costs.