A company failed to implement a contract concluded between it and a customer to build his villa despite his continuous demands to do so, which prompted the customer to file a lawsuit against the company demanding that it be obligated to pay the default amount of the claim.
The details indicate, according to what lawyer Abdul-Azim Abbas Habil said, that his client, the plaintiff, had concluded an agreement with a contracting company to build his residential villa in exchange for an amount of 74,000 dinars to be paid in installments, provided that the work would be completed within 240 days. Accordingly, the plaintiff paid the company an amount of 18,000 dinars as an advance. To begin work, however, after a period of time had passed since the start of work, the owner of the company did not bring his workers and failed to complete the construction despite the agreement concluded between them and despite the plaintiff notifying him of the necessity of doing so, which prompted the latter to file a lawsuit to oblige the company to pay the outstanding amount of the value of the building, and to assign the plaintiff Accordingly, an engineering expert was appointed to settle the account between the two parties and to estimate the percentage of work carried out by the company in the villa, as it was found that the value of the work completed for the plaintiff amounted to only 3,300 dinars.
The court deliberated on the case referred to it in the minutes of its sessions, in which the plaintiff was present with his representative, Lawyer Abdel Azim, and the defendant was absent and no one representing him was present. The plaintiff presented to the court receipts indicating that he had paid the company the value of the completed work, and since it is from the Evidence Law that “the creditor must prove the obligation and the debtor must prove its disposal.” Whereas “the contract is a contract under which one party undertakes to perform work for the other party in exchange for compensation without being a subordinate or representative,” and the owner of the company or its representative did not attend the court sessions and did not file the lawsuit with any defense or defense and did not provide evidence of payment of the claimed amount. ; The court orders the contracting company to pay the plaintiff an amount of 14,000 dinars with a delay interest of 2% annually from the date of the claim until full payment. The court also obliges it to pay expenses and attorney’s fees.
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