Workman wants Dh300 for shoddy jobs … I will not pay

A reader asks about where responsibility lies for poor workmanship when there is no contract in place, while another asks about how long someone can remain in police custody without charge.

Q: I had a workman fit a few things for me when I moved into my new flat and I am very unsatisfied with his services. The curtains he put up are uneven, he damaged floor tiles with a drill and the flat-pack furniture he assembled doesn't stand up properly. He asked me to pay him Dh300 to which I said no, considering the shoddy work and damage to my flat, which will come out of my deposit. Now he's harassing me and turning up at my flat. We had no price agreement and I don't want to pay him anything, even for his time, because he's been so rude and difficult. On top of that, I now have to fix everything he's done. What rights do I have and what can I do now?

A: Under UAE law, only a contract determines the duties and rights of both parties that sign it and, as he was clearly working on an ad-hoc basis with no contract, it is not possible to specify what your or his rights are. In cases like this, it is up to personal judgment what payment should be. Some would add up the damages and then present the workman with a total minus any repairs that have to be done. For the workman to demand his financial rights, he is obliged by law to prove that he has such rights and file a civil case to claim them, something that is difficult to do without a contract. As for the harassment, if it makes you feel unsafe, you can lodge a complaint against him with the police.

Q: How long can a suspect be kept in police custody without charge or before being taken to court?

A: Pre-trial preventive detention starts after questioning of the accused has been conducted. A person can be held for seven days but this period can be renewed on the request of prosecutors. But they cannot legally be held longer than 14 days without charge. If prosecutors want to extend that period they must ask the criminal court to conduct a preventive detention hearing, after which the court has the power to extend the detention period to 30 days, which can be renewed for another 30 days at the court’s discretion.

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