Ingemar Interiors LLC v Iolana Restaurants LLC [2018] DIFC SCT 087 (07 May 2018)

Ingemar Interiors LLC v Iolana Restaurants LLC [2018] DIFC SCT 087 (07 May 2018)

Claimant is entitled to the remaining contract amount as confirmed by both parties, but not to damages or interest, due to breach of mutual agreement regarding provision of certificates. Defendant is entitled to delay penalty for 50 days and costs for air conditioning replacement and specialist, but not to business loss damages due to lack of reasonable certainty.

Citation
[2018] DIFC SCT 087
Parties
Claimant/counter Defendant: Ingemar Interiors LLC; Defendant/counter Claimant: Iolana Restaurants LLC
Jurisdiction
United Arab Emirates
Judgment Date
07 May 2018
Procedural Posture
Small Claims Tribunal / Final Judgment
Outcome
Partial judgment for both parties; net payment to Claimant.
Legal Topics
Fit Out Agreement, Delay Penalty, Breach of Contract, Damages, Counterclaim
Contract Law Commercial Law Fit Out Agreement Delay Penalty Breach of Contract Damages Counterclaim

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Parties

Ingemar Interiors LLC

Claimant/counter Defendant

Iolana Restaurants LLC

Defendant/counter Claimant

Procedural Posture

Small Claims Tribunal / Final Judgment

Legal Issues

  1. 1 Entitlement to payment for completed fit-out works
  2. 2 Liability for delay penalties under contract
  3. 3 Responsibility for air conditioning defects and associated costs

Ratio Decidendi

Claimant is entitled to the remaining contract amount as confirmed by both parties, but not to damages or interest, due to breach of mutual agreement regarding provision of certificates. Defendant is entitled to delay penalty for 50 days and costs for air conditioning replacement and specialist, but not to business loss damages due to lack of reasonable certainty.

Court Disposition

Partial judgment for both parties; net payment to Claimant.

Orders

  • Defendant to pay Claimant AED 73,869.47 as remaining contract amount.
  • Claimant to pay Defendant AED 39,500 as delay penalty for 50 days.