I agreed with the owner to complete them within 6 months.. and it exceeded 24 months

Obliging a contracting company to pay one million dirhams for failing to implement two villas

The court held the company responsible for the delay.

From the source

The Civil Court of Appeal in Fujairah ruled obligating a contracting company to pay one million and 59 thousand dirhams, and to terminate a contract concluded between it and a citizen for failing to implement the construction of two villas at the agreed time, while canceling the interest that the appealed ruling ruled for the lack of conditions for its entitlement, after the appellant fulfilled his right. complete.

In the details, a citizen filed a lawsuit in the Fujairah Civil Court against a contracting company, explaining that he agreed with it three years ago to build two villas within six months, but it did not finish implementing them at the agreed time, and the construction period exceeded more than two years.

In the lawsuit, he said that the value of the work agreed upon in the contract amounted to 850 thousand dirhams, and that he committed to the agreed payments, and also paid sums in excess of the financial value mentioned in the contract, at the company’s request, adding that the contracting company started executing the work, but it did not finish. from the implementation of the project, calling for the assignment of an engineering expert to inspect the two villas.

The Fujairah Civil Court ruled to annul the contract in question, obliging the defendant to pay the plaintiff one million and 59 thousand, with legal interest at the rate of 9% annually.

The convict did not accept the ruling, so she appealed to the judiciary, demanding that an engineering expert be reassigned to review the documents and inspect the two villas to determine the percentage of completion and their value and to determine the completed works.

The court, in a different panel, decided to accept the appeal in form, before deciding on its merits, and returning the task to the expert.

The expert proceeded with the task entrusted to him, and deposited his report in which he guaranteed to respond to the objections, indicating that the percentage of completion of the works amounted to only 55%, with a total value of 468 thousand and 129 dirhams, and that the owner fulfilled his obligations and paid the contract amount, which is 850 thousand dirhams, but the appellant stopped. work and had to complete the work on the date indicated in the contract concluded between the two parties.

The expert added: “According to the contract signed by the two parties, the owner paid an amount of 181 thousand dirhams in excess of the value of the executed works, and the consultant deserves an amount of 2000 dirhams per month for the delay period, which is a year and a half, and the appellant bears it, and the allowance for completing the two villas for the delay period that It amounted to 212 thousand and 333 dirhams, in addition to the cost difference in the event that the works were completed by another contractor, 350 thousand dirhams, according to the appellant's statement.

After the report was received, the appellant demanded that the appealed judgment be annulled and that the case be dismissed. The appellant requested that the appeal be rejected, while the court decided to reserve the appeal for the ruling.

She explained that "the appellant was the one who breached her obligations," and that "the appellant fulfilled all his obligations and made the payments on time, and also paid additional sums."

The court added that what was decided by the appealed ruling regarding the termination of the contracting contract with compensation to the appellant in the amount of 100 thousand dirhams as a result of the damages incurred by him from not benefiting from the two villas, came in accordance with the correct law.

And she ruled in her presence to cancel the interest decided by the appealed judgment because the conditions for its entitlement were not met after the appellant had fulfilled his right in full, and supported him otherwise, while obliging the defendant to pay the plaintiff one million and 59 thousand dirhams.

Follow our latest local and sports news and the latest political and economic developments via Google news