September 07, 2022 Technology and construction division - Orders
Claim No. TCD 003/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
PANTHER REAL ESTATE DEVELOPMENT LLC
Claimant
and
MODERN EXECUTIVE SYSTEMS CONTRACTING LLC
Defendant
NOTE OF JUSTICE SIR RICHARD FIELD TO THE PARTIES FOLLOWING SERVICE OF THEIR LISTS OF PROPOSED CORRECTIONS TO THE DRAFT JUDGMENT AND “FUNDAMENTAL ERRORS”
1. The Court is grateful for the parties’ lists of proposed corrections to the Draft Judgment and the identification of what are claimed to be “fundamental errors” within that judgment.
2. The purpose of this Note is to alert the parties to two matters. First, the Court accepts that as the Draft Judgment presently reads the award of prolongation costs to the Defendant appears to be erroneously at variance with the exclusion clause contained in clause 20.1 of the Contract, as noted in the Claimant’s List of Corrections and Obvious Errors. What should have been made clear in paragraph 103 of the Draft Judgment was that the evaluation of the expert evidence on delay was being undertaken not only in case my construction of Sub-Clause 8.7 were to be found to be erroneous but also in case my decision that the Defendant was in breach of the identified conditions precedent to the establishing its EOT claims be overturned on appeal. Paragraph 103 and the Conclusions will therefore be amended accordingly in the Final Approved Judgment.
3. Second, I give the Claimant’s leave to serve by 3:00 pm (Dubai time) on Friday 9 September 2022 short submissions limited to a total of 8 A4 pages in response to the contentions made in paragraphs 5, 6 and 9 of the Defendant’s Edits To Draft Judgment. And I give the Defendant leave to serve submissions in response limited to a total of 8 A4 pages by 4:00 pm (Dubai time) on Tuesday 13 September 2022.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of issue: 7 September 2022
At: 9am
