Questions & Answers
Questions & Answers
5 available 5 • View allCivil claim against a contractor for delay in house renovation

6
Q: Hello,
My husband and I awarded one of Dubai's contractors to do renovation in our apartment. We paid him 50% in advance according to the contract signed between us.
We paid another 20% after some time in response to his request to have an additional amount to buy the materials.
The renovation was supposed to be completed in one month, yet, 2 months and a half already passed and the contractor has not even bought the material he promised (tiles, sanitary-ware... etc.).
He promises but not delivering, postponing payments in all possible ways. Suppliers of the materials confirmed that payments had not been made by the contractor.
We have a clause of damage liquidating (contractor needs to pay 1000 AED/day), but he doesn't seem to take it seriously.
What is the best way to deal with this problem?
If we take him to court, how much do we need to pay for the file opening?
What damages he will experience - license termination?
How quick can we have the money back?
BR, J.


Dec 30, 2020
1744
Filing civil case to recover security cheque for unjust enrichment
1
Q: I have signed a contract with a contractor to carry out AC works where the owner of the company has paid me cash with a payment voucher and he asked to provide a security deposit cheque.
My scope of work was supposed to be finished in 45 days but delayed due to civil works for more than 4 months, in the interim we have continued to work and finished the works and started the equipment.
Our final bill is linked with authority approvals which cannot be accomplished without civil works. I have asked the contractor to pay the VAT and amount for variation which he failed to do so.
After 4 months the contractor called to resume the works where I have rejected as he failed to fulfil the contractual obligations. I've written a letter to the owner that I will take legal action if he misuses the cheque.
The owner deposited my security cheque and filed a case. If I file a civil case against the owner, am I entitled to get losses incurred due to damaging my relation with the bank and other legal expenses?

Nov 10, 2018
599
Claiming back money paid to contractors for failing to perform their obligations


2
Q: Would like to file a case in Dubai against a real estate company.
They were supposed to build my villa in Marrakech, Morocco. Nothing was done after 5 years. I have paid $ 200000 so far and want my money back.
Please advise.
Thanks



Sep 5, 2021
456
What to do legally with a contractor who keeps delaying garden construction?

0
Q: Hello,
I have hired a contracting company to redesign my garden area back in January. We got all authorizations in March and the construction has been ongoing ever since.
They initially told me that the whole project would take 3 months. They postponed their deadline 3 times already. The 1st deadline was the end of June, 2nd end of summer and 3rd deadline 30th of September.
Today they are far from being over. Is there anything I can do against them?
They keep lying to me and have not been honest. I have paused the last payment.
Thank you


Sep 30, 2021
271
A contractor breaches his obligations of apartment renovation. What to do?
3
Q: Dear sir/madam,
I engaged a general contractor to help renovate my apartment. It has now been over 4 months. I have major issues with the bathrooms (leaks, incorrect installation). In addition, he has used real cheap quality material which is scratched and has a horrible finish.
Finally, I have a long list of items still not complete. He has been promising for the past 3 weeks that someone will come to review and correct but no one has come and every day I have a new excuse.
I paid him 90% of the money as he talked a good game. I would welcome some advice on the best course of action to move forward.

Apr 10, 2022
330
Legal blog
1 available 1 • View allContracts 101: Official Agreements to WhatsApp Messages 2
An interview-format article covering the topic of contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 3, 2021
1123
Laws & Regulations
1 available 1 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148335

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Other answers by
173 173 answers •
View allIs there hope for bail in a 25-year sentence for a minor drug charge? 0
Dear Lawyers,
My brother was sentenced to 25 years in jail for a minor drug case (1 gram) on October 24, 2024. Can he get bail?
What will happen next, and what can I do to help him get released?
Kindly advise!
Nov 12, 2024
161
If you had a case for defaulting on a loan and resolved it, how to clear it from the database? 0
Hello,
I have a question.
My husband had a loan 15 years ago, he had difficulty paying this loan, and the bank opened a case, which was solved, and he paid the full loan.
He is still in Dubai and has a good work position.
How is it possible to remove the solved bank case from the database to have the possibility of getting the credit card and loan?
Thank you.
Sep 16, 2024
82
How can I inform authorities I signed a police statement I didn't understand? 0
Good Day,
As someone unfamiliar with local laws and a non-Arabic speaker, the police took my statement but did not provide a translation and told me to sign. I have no idea what they wrote or presented in the case.
The case is now with the Public Prosecution. What should I do to ensure the authorities are aware of this?
Sep 5, 2024
84
Can I bail my husband out if I'm a visitor and provide my passport? 0
Dear Lawyers,
My husband is under investigation, and I want to get him bailed out from detention.
However, I am a visitor. Can I get him bail by providing my passport?
Aug 29, 2024
106
How can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody? 0
Hi, good morning,
I’m an Indian residing in the UAE and want to apply for a divorce. My husband and I have been living separately for more than 3 years, and he has been living in India since our separation.
We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent?
Additionally, please advise on how to proceed with custody, as my son currently resides with me.
Thank you!
Aug 28, 2024
137

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337 337 answers •
View allCan a debt agency access AECB reports without consent for a 15-year-old closed case? 0
Dear Respected Lawyers,
Subject: Request for Legal Advice Regarding Unlawful Practices by a Debt Collection Agency
I would greatly appreciate your advice and guidance regarding a troubling issue my colleague is facing with a collection agency.
The company has been contacting the employer, urging them to ask my colleague to get in touch with them regarding a supposed liability.
This claim is related to a 15-year-old closed dispute with a bank credit card, and the issue seems to stem from outdated and inaccurate information on the AECB report.
Our main concerns are as follows:
Unauthorized Access: The company is accessing her AECB report without her consent. She has never given permission for them to retrieve or view her personal financial information.
How is it possible for a third-party agency to openly access and track AECB reports, especially for a dispute that was resolved 15 years ago?
Apr 8, 2025
68
I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
Dec 18, 2024
85
Can I file a case for cyberbullying or defamation after my ex-wife's abusive messages? 0
Hello,
My ex-wife has abused me in chat and called me the following: illiterate, beggar, and said that I don’t have [------].
She called me a bad parent and a bad son.
Can I file a cyberbullying, defamation, or abuse case against her? What are my options?
Jan 3, 2025
100
I invested money in a business but my partner is removing me out from partnership. Can I pursue legal action? 0
Hi
I'm an Irish citizen and a resident of the United Kingdom. I got investment fraud in Dubai. I invested money into a business with a Pakistani national guy in March 2024 via bank transfer into his business account.
Now he's giving back the money which I invested in business after 9 months. He's preparing a letter from a local lawyer to kick me out of the business. I do not have any other option than to take out at least my money.
But it's unfair to me that he used my money in business and took all the advantage.
Some people say to me that if you claim money or take legal action against him, it will take too much time and I need to travel to Dubai to appear in court because it is a civil matter. But I'm not a resident.
How can I follow the civil case there?
That's why my partner knows that I can not do anything and this case keeps running long time and in the end nothing happens. But I'm thinking that I will submit a complaint through my embassy and I also have a solicitor in the United Kingdom.
Dec 24, 2024
47
Seeking justice and compensation for wife's loss due to medical negligence during childbirth 0
Dear Lawyers,
My relative lost his wife during childbirth due to clear medical negligence, as stated in the report from the DHA medical committee.
He had to relocate to India due to the situation and is currently working there.
Please guide us on the steps to take for justice and compensation.
Dec 19, 2024
74

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213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
403
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
337
Is it possible to apply a will issued in South Africa in the UAE? 0
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
457
How to access the bank account of my son who passed away recently? 0
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
356
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
265

Other answers by
26 26 answers •
View allHow to remove the local sponsor of an LLC company and make it 100% ownership? 0
In accordance with the new FDI law in UAE - Dubai, what is the (steps/cost/requirements/time frame) to remove the 51% shares local sponsor holder, and make it 100% foreign ownership?
Additional info for accurate answer:
- The foreign owner and the foreign manager are out of the UAE, and the only physical - available person is the PRO person.
- The local sponsor is a company with 4 partners,
So, I wonder if ALL of the partners will be required to attend physically for the procedure of the 100% foreign ownership transfer, or only the PRO and the POA person will be enough?
- The concerned company is an LLC Japanese company for water equipment trading, so it will be under the UAE cabinet positive list, right?
Aug 3, 2021
3186
Legal assistance with preparing IP agreements 0
I would like a quote for the following documents:
- IP Assignment Agreement
- Software Development Agreement
- Independent Contractor Contract
- Client Agreement
Jul 1, 2021
391
رفع دعوى مدنية بخصوص شيك مرتد ومن ثم التقدُّم ببلاغ لدى الشرطة 0
هل هناك مانع من رفع دعوى مدنية بخصوص شيك مرتد ومن ثم التقدُّم ببلاغ لدى الشرطة؟
أي هل سلوك الطريق المدني لا يُسقِط حقي في توقيع العقوبة على الشخص الذي وقَّع على الشيك؟
سبب السؤال أن الشركة التي أصدرت الشيك بدون رصيد صدر قرار من الدولة لوقف اتخاذ إجراءات جزائية ضدها مؤقتًا؛ لذلك أريد أن أسلك الطريق المدني ثم الجزائي لاحقًا.
May 18, 2021
446
رفع دعوى عن واقعة سب وقذف بعد مرور ثلاثة أشهر 0
1- هل تُقبَل شكوى أو دعوى شخص عن واقعة سب وقذف إلكتروني (عن طريق استخدام وسيلة تقنية المعلومات) بعد مرور أكثر من 3 أشهر؟
2- في حال أنها رُفِعت للمحكمة وحُكِم بالبراءة في مرحلة الاستئناف من التهمة، فهل يحق لي المطالبة بالتعويض عن الأضرار الناتجة عن هذه الدعوى؟
3- هل المطالبة بالتعويض تتم في نفس الجلسة أم برفع دعوى أخرى؟
May 16, 2021
16990
The tenant wants to continue leasing a villa while a notice was not sent 0
Hello,
I am leasing a villa in Dubai since July 2020. Along with the Ejari contract, I have also signed an addendum with the landlord stipulating that I need to inform him at least 90 days prior to contract expiry of my wish to either renew the contract or vacate the unit.
The notice deadline has passed and I have not informed the landlord of my wish to renew my contract. Some days ago (after the notice deadline), the landlord wrote, requesting to vacate the unit upon expiry of my contract, as he will be selling the unit.
The Dubai law stipulates that any non-renewal notice should be given 90 days prior to contract expiry. At the same time, I did not comply with the requirement in the addendum to inform the landlord of my wish to extend.
What will apply in this case? Can the landlord use the addendum as a basis or will the Dubai law prevail and the contract will be "auto-renewed"?
Thank you for your help!
May 17, 2021
708
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