Session on Tuesday, 4 March 2025
Headed by Judge Shihab Abdulrahman Al-Hammadi, Head of the Department
and with the membership of Judges Bashir bin Al-Hadi Zaitoun and Abdullah Boubakr Al-Siri
(1-4) Reasoning for the judgment Defects in reasoning Insufficiency of reasoning. Contract "Contract: Consultant's powers and relationship with the employer." Appeal "Appeal against cassation judgments: Effect of cassation of the appealed decision on cassation of the same judgment."
(1) The ruling disregarded the findings of the expert report submitted to the court of first instance, without reference to the supplementary expert report submitted to the court of appeal, which indicated that the contractor owed money to the employers, without providing any explanation for this. This constitutes a failure to provide sufficient reasoning and a flaw in the reasoning, which necessitates reversal.
(2) The consultant in contracting works shall act as the employer's representative in supervising the implementation of the contractor's works and shall b...