Horizons & Co Secures Major Victory For Museum Of The Future Façade Subcontractor In DIFC Court

Horizons & Co Secures Major Victory for Museum of the Future Façade Subcontractor in DIFC Court

The leading Emirati law firm, Horizons & Co, reports a major result for its DIFC Court team on one of Dubai’s most iconic projects. In BAM Higgs & Hill LLC v Affan Innovative Structures LLC and others (CFI‑106‑2021), the firm, led by Paul Blakeway, successfully represented the façade subcontractor on the Museum of the Future. The team demonstrated that the additional costs in dispute stemmed from a significant variation to the works, not from the client’s performance, enabling a successful counterclaim for additional payment.

This high‑value dispute, among the largest construction cases heard by the DIFC Courts, provided timely clarification on the often‑contested distinction between variations and design development, a recurring issue in major construction projects.

The judgment also reinforces the evidential principles governing allegations of fraud. The Court confirmed that the DIFC Courts continue to follow English authority, including the principle from Three Rivers District Council v Bank of England [2001] UKHL 16, that fraud cannot be inferred where conduct is consistent with innocence.

The matter was handled by Paul Blakeway (Head of Arbitration, DIFC and ADGM) and Bethany Smith (Associate), instructing Riaz Hussain KC. Horizons & Co is recognised as a leading firm before the DIFC Courts, advising on complex disputes, interim and emergency relief, enforcement, and cross‑border matters. With the underlying merits governed by UAE law, this case also highlights the firm’s strength in navigating multi-jurisdictional issues to secure successful outcomes for clients.

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