Introduction
DLA Piper recently acted on a successful "reconsideration
motion" in the Appeal Court in Dammam on the basis of a
default judgment which had been issued against our contractor
client in favour of a subcontractor. The case serves as a reminder
of the way in which reconsideration motions can be pleaded in the
Saudi Appeal Court, and how judges will apply principles of natural
justice when reaching their decisions.
We expand on the facts of the case and the court's reasoning
in more detail below.
Case No. 411/S for the year 1439H - Subcontractor v
Contractor1
The case centered on claims arising from the construction of a
polysilicon factory in Jubail, Saudi Arabia. The Subcontractor
claimed unpaid amounts from our client, the Contractor, under a
subcontract executed between the parties in relation to part of the
construction works. The Subcontractor brought these claims in the
Saudi courts notwithstanding that the subcontract contained a
