ICFI 10/2017
Type
Case
Court
Iraq Court of First Instance
Jurisdiction
Iraq
Taxonomy
General Construction Law, Remedies, Litigation Procedure & Practice, Building Contracts, Civil Costs
Copyright
LexisNexis
Decision date
4 Apr 2017
Catchwords
Central Government – Construction – Contract – Remedy – Litigation Procedure – Costs
This case involved a request by a ministry for permission to complete uncompleted construction work under a contract and claim the costs from the contracted party. The court had previously given permission on this issue but the Ministry had requested it again as it had not been able to get the money to complete the work as per the previous permission. As there was a previous permission the case was dismissed and the Ministry was required to pay costs.
Background
The Minister of Higher Education and Scientific Research submitted a request to the court to give permission for a claim against a contracting company. The two parties had signed a contract to build a second floor in the Agriculture Research Building. However the company had not honoured its contractual obligations and as such a Ministerial Decision was issued to withdraw the contract from the company. The Minister the requested the Court of First Instance (Commercial Department) to call the company tor litigation and give them permission to complete the work with costs met by the company. The Minister also requested the Court to ask the company to pay costs and legal fees.
Decision