When a dispute occurs between two parties that have a joint business, they file a lawsuit with the court in order to settle this dispute, and each court has a specific system according to the type of lawsuit, and the question that frequently arises: How is a lawsuit filed against a contracting establishment? What are the conditions for filing this lawsuit?
For more details, follow us in this article, where we will talk about how to file a case against a contracting company, and is it important to hire a lawyer?……..
Can a lawsuit be filed against a contracting company?
There is a question frequented by many, which is: How do you take your right from the contractor? You can file a claim against the contractor and here is how:
- First, you log in to the Najez site and register.
- You click on the claim sheet, and after navigating to the page, you choose a new application.
- Choose the classification of the lawsuit General, and classification The subsidiary claim is real estate.
- After that, you choose the type of lawsuit: which is building construction contracts.
- You click on Next to show you a set of necessary data for the lawsuit that you are filling out.
- After that, all the private data of the plaintiff and the defendant are filled in: which is represented in the name, national number or identity number, place of residence, and the type of the defendant, whether it is an individual or an institution, and other data.
- And then you write the requests that you want in the lawsuit, and the location of the court.
- The next step is to write down the evidence and all the evidence you have with you.
- After that, a request will appear for you to attach some of the attachments that you put in and send the medicine.
- With this, you have filed the lawsuit you want.
The competent authority to receive a lawsuit against contracting establishments
Commercial courts are competent in contracting cases if the parties to the lawsuit are contractors and the defendant is a contractor. They are resorted to in the event of a dispute between the merchant and the contractor due to the commercial business between them, whether the works are original or subsidiary. They are also concerned with lawsuits related to building construction contracting, as well as lawsuits related to the state of real estate.
In the event that the plaintiff is a contractor, but the defendant is neither a contractor nor a trader, then this lawsuit falls under the jurisdiction of the general courts.
Procedures for filing a lawsuit against a contracting establishment
Many business owners want to implement some of their projects within a short period of time, so they cooperate with contracting companies to implement and complete this project within the specified period, but some contracting companies may breach their obligations towards business owners and this may cause clients to get into big problems, and therefore the client can file a lawsuit against the contracting company that breached its obligations by following the following steps:
- Before initiating the lawsuit proceedings, the client must notify the company of the problem by way of a written statement.
- The customer must resort to an expert in the technical or engineering problems that caused the resulting dispute.
- To fill out the claim form manually to the court and add a PDF file with it.
- The claim form must also be submitted using the Audience Reviews form.
Procedures for filing a lawsuit against a contractor who did not comply with the contract
Some contractors may breach their obligations to customers, such as not delivering on the agreed date. So if you are exposed to such problems, you should follow the following steps:
- Sending a written warning letter, in which the contractor is required to fulfill his obligation, otherwise, he will file a lawsuit against him.
- The client prepares and prepares the claim submission form.
- Include a copy of the required specifications, as well as a copy of the building plan as well.
- Include a copy of the contract signed by, for example, the contracting parties (client, contractor).
- Send a copy of the warning letter to the Ministry of Housing and Building by mail.
- Keep a copy of the lawsuit in your possession.
Conditions for filing a lawsuit against a contracting establishment
There are some conditions that you must consider when filing a lawsuit against a contractor, the most important of which are the following:
- This contractor must have been previously registered in the Contractors Register of the Ministry of Construction and Housing in Saudi Arabia.
- Before the client files a complaint against the contractor, he must speak with the contractor about the issue in dispute, and then submit a written statement to that effect.
- The complaint against the contractor may only be submitted by the property owner himself.
- If a lawsuit is filed with the court that has jurisdiction over that, the Registrar of Contractors does not decide in such cases.
- The defendant must also be notified, and the case must be filed by a lawyer, as well as annulment of the judgment, which is filed by a lawyer.
- All documents must be available, and a written contract is not required. As soon as a contractual relationship exists, even if no agreement is reached on a contract or on specific specifications, it will be referred to an expert through the court who is a specialist to present his opinion on the work and whether the contractor’s work is correct and compatible with the requirements, technical specifications and quantities approved in the new Saudi code or not.
Is it possible to file a lawsuit against a contracting establishment even though the property owner did not sign a contract with the contractor?
Sometimes the owner of the property neglects to sign a contract with the contractor, and in the event that the contractor spoils his agreement with the owner of the property
The owner of the property falls into a big problem, which is the way to prove the contract that was concluded between him and the contractor. It is not possible for the owner of the property or the person in charge of the contracting company to prove this contract, but this may be done through the following:
- Witness testimony: where some people related to this work can testify to this contract.
- Obtaining copies of the bank account related to this person, and by this, we can obtain the deposit papers obtained by the contractor, and thus we have clear evidence of the contract between the contractor and the owner of the property.
Form for filing a complaint against a contracting establishment
The main elements of a form for filing a complaint against a contracting establishment
- To begin with the name of God, the Most Gracious, the Most Merciful at the forefront of the complaint.
- Mention the competent authority to receive complaints.
- The competent authority must be greeted in an appropriate manner.
- Mention the details of the plaintiff and the defendant in detail, which are the name, place of residence, and ID number.
- Mention the type of problem and the reason for the complaint, and mention the compensation that the plaintiff wishes to obtain, with the obligation to adhere to a good manner in dialogue and to avoid lies and fabrications.
- In the end, the competent authority is thanked and the plaintiff’s data is mentioned again, and he signs.
A ready-made form for filing a complaint against a contracting establishment
In the name of God, the most gracious, the most merciful
To the President of the Commercial Court, kind regards and after;
Subject: Form for submitting a complaint against a contracting establishment
The name of the plaintiff: …………., place of residence: ………, ID number ………….., and the complaint is filed against the defendant: ………….. and this person works as a contractor and owns a contracting company, his place of residence: …………., ID number: …………., phone number: ………….
A construction contract was drawn up between the two parties on: ………………………., and all specifications and standards necessary for the construction process were agreed upon, and the plan was handed over to the defendant, in addition to handing him the initial amount of the construction costs.
The defendant committed many building violations, and contrary to the agreed contract laws, and the violations committed by him are as follows:
- ………………………………….
- ………………………………….
- ………………………………….
We hope that you will consider this issue and assign a field committee to list the violations and damages in the building site
applicant:………………..
phone number:……………….
Date of filing the complaint: …………………………………………………………………………
Plaintiff’s signature: ………………….
Assigning a specialized lawyer to file a lawsuit against a contracting establishment
If you have a dispute related to business or companies and want to resort to commercial litigation, do not hesitate to contact the commercial system experts at Al Othman Law Firm, because they have legal experts whose experience extends for more than 15 years in commercial systems, and the expertise of their staff of consultants exceeds more than 22 years in Saudi commercial systems.
Al Othman Lawyers and Consultants Office is pleased to serve you, so do not hesitate to contact us and consult us, as Al Othman Law Firm includes the best commercial lawyers in Saudi Arabia and Riyadh.
Call Us Now +966-535-008-888Common examples of disputes with contracting organizations that deserve to be sued
There are many disputes that can occur between clients and contracting companies, and among these disputes that may merit a lawsuit are the following:
- Delay in delivery: If the contracting company is late in delivering the project according to the schedule agreed upon in the contract, and this causes serious damage to the client, then in this case he can file a lawsuit against the contracting company.
- Non-compliance with specifications and standards: If the specifications and standards agreed upon in the contract are not adhered to, the client can file a lawsuit against the contracting company.
- Damages resulting from poor performance: A lawsuit is also filed against the contracting company when poor performance on the technical or administrative side of the contracting company causes any harm to the client.
- Changing project specifications: The client has the right to file a lawsuit if the project specifications have been changed without his consent or without his knowledge.
The terms of the construction contract from the contracting companies and the details it includes
- The agreement: that is, the agreed form of the contract.
- The contract must include construction specifications and measurements for the building, and this is done by the contracting company.
- It also includes general terms and special conditions that are agreed upon.
- The contract also includes items for bills of quantities.
- Project engineering drawings.
- The agreed time period for project implementation.
- He also writes in the contract the letters of guarantee and any additional appendices.
Conditions for termination of the contract between the owner and the contractor
You can terminate the contract of contracting in the following cases:
- If the contractor violates all the obligations addressed to him and stipulated in the contract.
- If the contractor assaulted one of the supervisors or engineers.
- If the contractor has acted against public morals.
- If it is proven that the contractor has committed fraud.
- If the Contractor intentionally causes serious damage.
- If he exploits his name or platform for personal interests.
Important tips while filing a contracting establishment lawsuit
When submitting a complaint, the following must be taken into account:
- You must be aware of the complaint and all the details related to it, because this helps to influence and persuade others.
- It is necessary to be honest and avoid lying when writing a complaint.
- Writing the complaint in a coordinated and organized manner and using coordination skills, until the complaint is accepted by the competent authority.
- Absence of spelling and grammatical errors, because the presence of such errors leads to embarrassment.
Conclusion
To this we have come to the end of the article, in which we talked about how to file a lawsuit against the contracting company, and all matters related to this subject, and we also added a set of tips that you should consider when filing a complaint.
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