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

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

The Claimant is entitled to recover under the Agreement for completed works, for variation works reasonably demonstrated and not included in the original scope, and for certain time delay costs, as supported by the expert's assessment and the parties' admissions. The Defendant's objections to the quantum and entitlement were not supported by sufficient evidence to displace the expert's findings or the Claimant's submissions.

Citation
[2023] DIFC CT 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, for variation works reasonably demonstrated and not included in the original scope, and for certain time delay costs, as supported by the expert's assessment and the parties' admissions. The Defendant's objections to the quantum and entitlement were not supported by sufficient evidence to displace the expert's findings or the Claimant's submissions.

Court Disposition

Claim allowed in part

Orders

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