The Commercial Civil Court in Ras Al Khaimah held the consultant responsible

716 thousand dirhams in compensation for a citizen whose villa was damaged by a design mistake

The Commercial Civil Court in the Ras Al Khaimah Courts obligated an engineering consulting firm to compensate a citizen with an amount of 716,000 dirhams, after it caused his residential villa to fall, as a result of a design error.

In detail, a citizen filed a commercial case before the Commercial Civil Court in the Ras Al Khaimah Courts, against two engineering consultancy and construction contracting companies, for causing a landslide in his villa, which led to its unfit for housing, which poses a danger to its residents, and the Experience Management Office in the Ras Al Khaimah Courts recommended the removal of The villa, to be built on correct engineering foundations, and to compensate the citizen.

The expert requested the cancellation of the contracting contract between the plaintiff and the defendant, and obligating them to pay compensation for the material and moral damages from the destruction of the land designated for construction, and the missed opportunity to complete the construction, and the plaintiff’s missed earnings and losses incurred by him, while obliging them to pay fees, expenses and attorneys ’fees, on the basis of saying that he has The proven fault of the consultant engineer was evident in the expert’s report that he did not perform the analysis of the mountainous soil. This resulted in a landslide of the villa’s land, and severe damage that was decided to demolish the villa.

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, causing the subsidence of concrete bases, which resulted in the villa being unfit for housing, due to its danger.

He added 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 the responsibility for the landing, because soil and foundations engineering is an independent specialty in structural engineering, nor Intervene in the specialty of the contractor.

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 works at 646 thousand dirhams, and accordingly the compensation owed to the owner is 696 thousand dirhams.

The attorney's attorney, Hanan Al-Bayadh, asked the court to remove the villa at the expense of the contractor, rebuild it, and estimate the compensation value for building the villa, and the material and moral damages sustained by the plaintiff.

The agent of the engineering consultancy company demanded that a tripartite committee of experts be delegated to prove that the owner decided that the burial in the land is correct, and he requested the rejection of the lawsuit. .

The verdict stated that the court is reassured by the experience report, and considers the adequacy of its research and the safety of the foundations on which it was built, as it was found that the villa has subsided, and cracks in the walls, and that it cannot be repaired, requires the total demolition of the building, and that the cause of the landing is an error in the design before Consultant.

The court shall rule to reject the request for solidarity in the payment of the debt between the contractor and the consultant, and the court considers with him to oblige the consultant to pay the plaintiff 716 thousand dirhams in compensation for damages, and obligate him to pay the expenses and attorney fees.

The court is satisfied with the expert opinion, and considers the adequacy of his research and the soundness of the foundations on which it was built.

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