Monday, November 26, 2012

Judicial Review of the Status of a Project

A tool which perhaps should be used more often in Omani litigation is the right to have the status of a project viewed by a judge, so there cannot be a later dispute about the status of, say, a construction project at that specific moment in time.  

The court may decide of its own volition, or based on a request from one of the litigants, to inspect the disputed item/project.  

If the court decides to inspect, it will determine the date in this regard, and the court can appoint an expert to assist with the inspection and to write a report.  

The court can also delegate the expert to hear witnesses and the court can fix a session to hear the observations of the litigants upon the expert’s report.

The above mechanism has particular importance in construction matters.