Damac sets Precedent by Failing to Honour Contract ?

17 March 2008 at 10:31 pm | In Damac, Dubai, Dubai Reputation, Jebel Ali, Palm, Real Estate, breach of contract, cheat, corrupt, corruption, deception, greed, illegal, info, lack of government regulation, lie, scam, update | 2 Comments

DAMAC Properties is the property arm of DAMAC Holding, a global business conglomerate with over 6000 employees in 18 countries. Established in 1996 and headquartered in Dubai, the total value of DAMAC Properties’ portfolio currently stands at US$4 billion. Furthermore, DAMAC Properties recently won three prestigious awards at the CNBC Arabian Property Awards 2006. Property developer bagged the best development award for ‘Oceanscape’, best architecture award for ‘Ocean Heights 2′ and the best website award for the company’s website – www.damacproperties.com. In December 2006, the company also won the IREF ME award for the best residential development in the UAE. In 2005, the company was honored with three prestigious Bentley International Awards in the categories of – Best UAE Development for Marina Terrace, Best Architecture for Ocean Heights-1 and Best Developer website at a ceremony in London

Back in 2002/2003 Damac announced an exciting project called Palm Springs to be developed at The Palm, Jebel Ali. Damac described the project as

Enviably located in a prime location on the Palm Jebel Ali’s Crescent, Palm Springs is the apex of aspirational living. Having commissioned award-winning architects, we have created an architectural tour de force. Palm Springs offer uninterrupted sea and water views.Situated elegantly between the Two world class hotels, our building, which is managed by a prestigious international hotel chain, boasts a wealth of superlative amenities. A unique and exclusive residential property on Jebel Ali, Palm Springs is the Zenith of desire.

Naturally there were plenty of investors who were happy to invest in this dream project, especially as the project was by a well know player.
Hussain SajwaniFast forward to 2008 and meet the smiling face of Hussain Sajwani, Chairman and Founder of DAMAC Holding. Ask him about the Palm Springs project and he will refer you to this letter recently issued by his company, which tells customers

We have now been advised officially by the Master Developer that the Palm Jebel Ali Master Development has been re-designed and that the Plot will not be delivered. As a result of this official confirmation, we now regret to advise you that the Palm Springs project has been cancelled.

And what of compensating customers who are not to blame for this ‘cancellation’? If history is anything to go by, then Damac has a track record of trying to betray customers when it issued a letter in September 2006 offering 10% interest on monies invested if they were willing to pull out of the project. In their recent letter they have offered either 15% discount if investing in another Damac development, or 6% interest on money paid. So much for Damac being a leading real estate player in Dubai, and all the awards being heaped on them. The message, loud and clear from Sajwani would appear to be “no sir, we are not interested in honouring contracts given to customers who invested in Palm Springs in good faith, after all we are so big that we not give a damn about those puny people called investors”.

(more to follow)

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  1. I truly feel for all the investors and for that matter end users who belived in transforming the emirate of dubai into a world class tourist destination, i no doubt that your actions will be fruitfull and it is also very inportant to notify potential investors who may buy property from damac that the company is not to be trusted.
    however i do belive dubai is a safe place to invest but the developer too has to have a good track record and does not!!!
    damac properties no longer are bought buy any GCC investors for this reason and they have to extend there reach further and further ie into europe, I bet there new office which is opening in leicester city centre would also like this group of investors making a fuss about things too.

    inform everbody as soo as you can and then see the reaction change just as quick!!

  2. I genuinely believe that Peter Riddoch and Hussain Sajwani are honourable and honest people with highest integrity.

    Damac employs over 6000 employees and I am sure that some of them, in senior positions, specially in their legal department, are very doggy, to say the least. The legal advice given to the Senior Leadership in cancelling the Palm Springs Project is seriously flawed and Damac Properties will pay “big times” financially and with their reputation if matter proceeds to courts.

    Nakheel has already discredited Damac’s chairman, Hussain Sajwani statement and Force majeure clause by stating that:

    1. plot purchased for Palm Springs has been delivered to Damac
    2. It is in a premier location (better than before)
    3. They communicated the revised master plan with Damac ten months ago
    4. Damac Properties assured, Nakheel, in February, that Project will be completed
    5. Modification to the master plan cannot be considered Force Majeure because modifications, revisions and alterations are already covered in clauses 13,1 and 13.2 of the 22 page contract and
    6. Only an idiot will consider the enhancement of the Palm Jabel Ali an Act of God (Force Majeure!) (Act of God? NO Nakheel the Master Developer!!)

    There is no shame in admitting a mistake, especially if it is made on a advice based on ignorance of Law of Tort.

    Damac Leadership should correct this mistake by sacking their legal boffin and compensates its investors fairly and honourably, as a matter of urgency, before their so called $30 billion dollar portfolio disappears in the sands of Dubai or to its competitors and rivals in the Real Estate Industry


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