Experience report recommended to remove and rebuild properly

696 thousand dirhams as compensation for a citizen for a land landing with his villa

A citizen filed a commercial case before the Civil Commercial Court in the Ras Al Khaimah Courts against two engineering consultancy and building contracting companies, for causing a landslide in his villa, which led to its unfit for housing, which poses a danger to its residents.

The Experience Management Office recommended removing the villa in order to build it on correct engineering foundations, and compensating the citizen for 696 thousand dirhams.

The citizen stated in the lawsuit newspaper that he had entered into a contract with the Contracting and Engineering Consulting Company to construct a two-story villa within 16 months, and construction was not completed according to the agreed specifications, and a landing occurred in the villa, which resulted in a crack in the floors.

He explained that the report of the Dispute Settlement Committee of the Municipality of Ras Al Khaimah stated that the land of the villa was buried at a depth of six meters with the worst construction waste and waste, which led to the gathering of rainwater and its seepage under the bases, and causing the collapse of concrete bases, which resulted in the villa being unfit for housing due to its seriousness. .

The attorney for the plaintiff, Abdullah Sarhan, asked the court to delegate an engineering expert whose task would be to move to the site and prove the damage and the non-conforming works that led to the villa being unfit for housing and becoming a danger to anyone, with an appreciation of the possibility of removal by the contractor at his personal expense, and rebuilding again, And an estimate of the compensation for building the villa, and the damages sustained by the plaintiff.

The engineering experience report issued by the Experience Management Office in the Ras Al Khaimah Courts stated that the experience had moved to the site of the villa and through inspection it was found that there was a drop of 14 cm to 20 cm, and cracks in the walls and connecting bridges, as a result of a design error due to the lack of a soil examination The design was based on separate foundations, and the presence of a construction waste burial.

He continued that technically the consultant bears full responsibility for the landing, because he knew that the land is buried, and that it is located at the foot of a mountain, and the burial is clearly visible, adding that the contractor does not bear responsibility for the landing, because soil and foundations engineering is an independent specialty in structural engineering and does not involve in Contractor's specialty.

He pointed out that the contractor's refusal to do a soil examination was after the design work by the consultant, as the consultant has a lot of contractual procedures to compel the contractor to do a soil examination.

The report recommended that the best, cheapest and safest solutions are to remove and rebuild on sound engineering foundations, and experience estimates the removal price at 50 thousand dirhams, and the cost of the completed work is 646 thousand dirhams, and accordingly the compensation owed to the owner is 696 thousand dirhams.

The Dispute Settlement Committee found that the villa land was buried at a depth of six meters with the worst construction waste and waste.

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