The Dubai Cassation Court’s ruling in case no. 389/2022 sheds light on the complexities of time extension claims in construction contracts.

Case Summary:

The appellant alleged the defendant failed to meet the project timeline, resulting in significant delays. The appellant also claimed the work was flawed, requiring deconstruction and reassembly.

Central Issue:

The case turned on the crucial question of whether the delays were permissible under the contract and whether the repairs could be considered a breach of the same.

Expert’s Findings:

👉The expert’s report concluded that modifications to the project required additional time beyond the original timeline.
👉The delay was necessary and not due to the contractor’s failure.
👉 The consultant agreed to extend the project deadline based on the plaintiff’s request.
👉 The contractor rectified the flawed works, and the repairs were approved by the consultant.

Court Ruling:

The Dubai Cassation Court dismissed the appeal, citing a lack of solid basis.

Key Takeaways:

👉 Time extension claims often arise from unforeseen complexities in construction projects.
👉 Project-specific circumstances, necessity of repairs, and agreed-upon contract terms are crucial in dealing with time extension claims.

Conclusion:

The court’s ruling offers a logical and well-argued response to time extension claims, providing valuable insights for arbitration in similar cases.