Legal opinion in contracting dispute

Construction contract breaching

Subject :         Construction contract breaching  by Al ——- Engineering Establishment, 

Dear M/S —— —– 

I am writing to you with reference to our meeting on the date of Nov. 7, 2017, and the last meeting on Wednesday 25 April, 18 at ——– site,  the questions put up for discussion from your part in the matter of the construction contract legal dispute  between you and  ———— company.

And after reviewing all the documents which sent to us by Mr. —– ——-. 

1.1 Documents and evidence of the case:

We received the following documents:

  • Construction contract between ——- —— and ——- signed in the date of 10th of august, 2016 ,
  • 406 emails and letters sent from ———– co to ———— ——-.
  • 77 Emails and letters from —— —– to ——– Co.
  • ———- Co daily report
  • Mechanical letters for 2016
  • Mechanical letters for 2017
  • Excel sheet in the subject of ( Remaining works Rev001030102017 )
  • Construction additional agreement in the date 28 Nov 2017
  • E mail to —————— in 26th of April 2018
  • Email from —————— in 4/4/2018
  • Two Letters from —————— in 4/4/2018
  • E mail to —————— in December 13,2017

1.2 Our legal opinion:

After reviewing the above-mentioned evidence, it is clear that Al—————— company breached the contract and it is additional contract from several aspects; however, and based on this breach:

–  ——————   can terminate the contract with Al- Hossam.

–  —————— —————— can appoint another contractor to complete the work.

–  —————— may file legal suit to claim damages caused by the —————— for the delay and shortage of the  work, but we do not advice to do that.

– —————— can transfer the work to another contractor, or to complete the work by its engineers and workers, after completing the procedures of sending a legal warning and registering urgent application to the court to appoint experts to prepare report describing the fact of the work.

Whereas your current situation requires that you complete the work by your own engineers and workers or by hiring another contractor to complete the work, this requires the following:

– Sending  legal warning shall be sent to —————— company shall be organized before the notary public in the court gives a period of 7 days in accordance with the contract.

– Making An urgent application to appoint three experts to describe the reality of the works which should be registered before the court as urgent application. We will ask the court to appoint three experts, the first expert is a civil engineer, the second is electrical engineer and the third is a mechanical engineer. The purpose of this report  is to describe the reality of the situation and a precise description of the work done and what is the defects and shortages , as well as the  experts will  take photographs to illustrate the reality to be kept in the court file as future evidence if —————— registered a case against —————— ——————.

1.2.1 The documents we need to start the work:

1- A special power of attorney signed by the representative of —————— —————— in Jordan, which allows us to conduct the legal procedures necessary to register the legal warning  and to follow up the expert report  procedures.

2- A copy of the registration certificate of —————— —————— in Jordan and a copy of the authorization of the authorized director within Jordan.

1.2.2 Period:

– We will register the legal warning notice in the next day after we hand over the required documents. According to the contract, the notice period must be seven days starting from the day of receiving the legal warning.

– On the same day, we will register before the court an urgent application requesting the Court to appoint three experts to conduct the expert’s report. The court normally will make its decision for appointing the experts on the same day. The Court will appoint the experts and will invite them to start their work on the same day or on the next workday mostly.

– After that the experts shall go to the site to describe in written the situation of the project and deliver the report   to the court within reasonable time, this may take time from one week to three weeks.

– After receiving the report from the experts and handing it over to the court, KIPCO can start the work by itself or appoint another contractor to complete the work.

1.3 Attorney Fees offer:

1.3.1 First stage: Registering legal warning and making expert report in the current situation:

  • We will charge retainer fees for the completion of the procedures of the legal warning and the completion of the expert’s report of ————————-
  • Court Fees: It costs ———————-
  • Experts’ fees: The court estimates it and cannot be determined currently, often from ——————–

1.3.2 Second Stage if needed: ( ——————- )  Attorney fees offer in case if —————— registered a lawsuit against —————— ——————:

This includes defense behalf —————— —————— if Al——————- filed a lawsuit against ——————, And registering counter-claim requesting the compensation for the damages happens to —————— because of the shortage, faults , troubles , disorders , malfunctions , disrepairs  , defects , moral and material damages.

We will accept the case in contingency fees base which means we will not charge any down payment, only we will charge ———— % of the difference between the amount claimed by ——————  and the amount of the court  judgment or the amount of settlement with —————— Co.

Please feel free to contact me if you have any questions or comments.

Yours faithfully,

Sami Alawad

error: حقوق الطبع محفوظة لشركة المحامي سامي العوض © Copy Right Protected