Murkan v Muhy [2023] DIFC SCT 172 (08 September 2023)

Murkan v Muhy [2023] DIFC SCT 172 (08 September 2023)

The Claimant is entitled to recover under the Agreement for completed works, variation works as determined by the expert, and time delay costs, as the evidence supports the quantum assessed and the Defendant admitted to 80% completion. The Agreement is binding, and DIFC law applies.

Citation
[2023] DIFC SCT 172
Parties
Claimant: Murkan; Defendant: Muhy
Jurisdiction
United Arab Emirates
Judgment Date
08 September 2023
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim allowed in part
Legal Topics
Variation Works, Delay Damages, Quantum Meruit, Contractual Interpretation
Construction Law Contract Law Variation Works Delay Damages Quantum Meruit Contractual Interpretation

Case Brief

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Parties

Murkan

Claimant

Muhy

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the Claimant is entitled to recover outstanding payments under the Agreement
  2. 2 Whether the Claimant is entitled to payment for variation works beyond the original scope
  3. 3 Whether the Claimant is entitled to time delay costs

Ratio Decidendi

The Claimant is entitled to recover under the Agreement for completed works, variation works as determined by the expert, and time delay costs, as the evidence supports the quantum assessed and the Defendant admitted to 80% completion. The Agreement is binding, and DIFC law applies.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay Claimant AED 239,096 under the existing Agreement (excluding VAT)
  • Defendant to pay Claimant AED 145,325 for variation works (excluding VAT)