DIFC Courts

TCD 002/2019 DGA Project Management Services Llc v Al Reyami Steel Construction

November 19, 2020 Technology and Construction Division - Orders

Claim No. TCD 002/2019

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE TECHNOLOGY AND CONSTRUCTION DIVISION

BETWEEN

DGA PROJECT MANAGEMENT SERVICES LLC

Claimant

and

AL REYAMI STEEL CONSTRUCTION

Defendant

DOCUMENT PRODUCTION ORDER OF THE REGISTRAR NOUR HINEIDI

UPON reviewing the Court file

IT IS HEREBY ORDERED THAT:

1. The Defendant carry out a reasonable search to locate all the documents listed in the Schedule to this order by no later than 4pm on Tuesday, 24 November 2020.

2. The Defendant produce any document located as result of the search at paragraph 1 by no later than 4pm on Sunday, 29 November 2020.

3. The Defendant shall make and serve a list and disclosure statement identifying by no later than 4pm on Sunday, 29 November 2020:

3.1 the documents listed in the Schedule that are no longer in its control and explain to the Defendant’s knowledge and belief, what has happened to them; and

3.2 the documents listed in the Schedule in respect of which it claims a right to withhold.

4. Costs reserved.


Issued by:
Nour Hineidi
Registrar
Date of issue: 19 November 2020
At: 8.30am

DOCUMENT PRODUCTION ORDER SCHEDULE

No. DOCUMENT SOUGHT REASON FOR REQUEST DOCUMENT NOT IN DEFENDANT’S CONTROL AND REASONS REASON FOR OBJECTION COURT’S DECISION
1. All internal Correspondence, including emails and meeting notes, between Nitin Pillai, Manoj Madhavan, Shyam Rajappan or any other employee of the Defendant relating to the payment of the Claimant’s invoice dated 22 September 2017 during the period between 1 October 2017 and 10 October 2018. Such Correspondence is relevant and material to the issue of non-payment of the Claimant’s invoice at paragraph 11, 12 and 13 of the Particulars of Claim.      
2. The documents attached in the Defendant’s email to the Claimant dated 22 June 2017 at 3:52pm.These include:
  • Final Invoice of Roof Structure;
  • Roof Structure LOA;
  • Roof Structure as Built Drawings Submissions;
  • Roof Structure Important Letters & docs;
  • Roof Variations Scan;
  • MoU 2012;
  • Program for Al Reyami; and
  • Recruitment for Al Reyami.
 These documents are relevant and material to the issues regarding the agreed Services between the Parties and the work undertaken by the Claimant. The documents were sent to the Claimant by the Defendant with a download link which has now expired.      
3. To the extent not covered by Request 3 above, the documents attached in the Defendant’s email to the Claimant dated 27 June 2017 at 11:19am. These include:
  • Commercial Matters;
  • Contracts;
  • MIR;
  • Outstanding works email;
  • Performance Bond Cash’;
  • Schedule and Works;
  • Works Completion Letter;
  • ARSI-CSCEC-J026,J015-LET-01-16;
  • ARSI-PAN-J026,J015-LET-001-17;
  • Blast column status;
  • CSC_SUB-AL Reyami-MTB-JG-L0441;
  • CSC_SUB-Al Reyami-MTB-JG-L0443;
  • CSC_SUB-Al Reyami-MTB-L0444;
  • CSC_SUB-Al Reyami-MTB-L0445;
  • Email thread with subject heading ‘RE Descoping from RSI’;
  • Email thread with subject heading ‘RE Fwd Blast column as built shop drawing submission’;
  • Email thread with subject heading ‘RE J026 & J015 Letter to PAN1-17’;
  • Email thread with subject heading ‘RE Latest Blast column – As built’; and
  • Settlement of Claims (Al Reyami)’.
 These documents are relevant and material to the issues regarding the agreed Services between the Parties and the work undertaken by the Claimant. The documents were sent with a download link which has now expired.