Questions & Answers
13-year-old unpaid design services - can we still file a case?
Hi,
I am working for an Architectural and Engineering Consultancy in the UAE. We carried out design services for a Real Estate Developer around 13 years ago and there are still payments that have not been settled to date. I would like to enquire about the following:
1) Is it still possible to file a legal case against the Real Estate Developer according to Article (473) of the UAE Federal Law 1985, stipulating a time limitation of 15 years?
2) Does Article (475) of the UAE Federal Law 1985 apply to Architectural and Engineering firms? I understand it applies only to individuals since the time limitation under this Article is 5 years only which contradicts Article (473).
3) What is the time limitation for Architectural and Engineering firms to raise a legal case/claim against a Real Estate Developer for works completed but not paid?
Thank you!
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
1) Article 473 of UAE Federal Law allows a 15-year limit to file a case for unpaid dues. Whether you can file a case after 13 years depends on contract terms and circumstances.
2) Article 475 applies to individuals, not firms. Architectural and Engineering firms generally follow Article 473's 15-year statute.
3) Architectural and Engineering firms typically have a 15-year limit, as per Article 473, to raise a legal case for unpaid work against a Real Estate Developer, subject to contract terms and other factors.
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ABDUL WAHIED