QUESTION: We constructed some villas in Al Khor in 2004 and the contract included a decennial liability clause where the period of liability is 10 years. After four years, one of the villas had some defects and we repaired the same. Now we received a notice from the client intimating a defect in another villa building. The liability period has already expired. Are we liable for such defects under the decennial liability clause? Please advise.
AFCT, Doha

ANSWER: The liability period starts at the time of the project handover to the employer. The contractor shall not liable for defect discovered after the decennial period. If the contractor carries out repair to any defect discovered during the decennial liability period, the liability in respect of that element of the structure which required repair or reinforcement will remain for a further 10 years from completion of those remedial works. 

Case of drinking alcohol in Qatar
Q: Is it an offence to consume alcohol in Qatar? My friend was arrested by police while he was walking to his accommodation after a new year party. After detaining him in the police station for a whole day, they took him to prosecution and then released. One of our friends said there will be a case against him for consuming alcohol. What is the offence? What to do if there is a case? Please advise.
EX, Doha

A: According to Article 270 of the Qatar Penal Laws anyone who is found drunk on a main street or anyone who disturbs others due to intoxication will be convicted to no more than six months in jail and to a fine of QR3,000 or to any one of these two penalties. The same penalty shall be imposed on anyone who drinks any alcoholic beverages in a public place. Collect the details of the case from the court and attend the case on the date of hearing. 

Judgment creditor, judgment debtor
Q: I own a small contracting company in Doha and one of our clients/main contractors issued company cheques against our invoices. But, the cheques got dishonoured. I have filed a civil case against the company for the payment and the judgment was in my favour. I filed an execution case for the payment and orders issued, but nothing happened positively. How can I pressurise the owner to get the payments through execution court? Please advise. 
AT, Doha

A: The judgment creditor may approach the execution court for issuing travel ban and also he can request for imprisonment of the judgment debtor in accordance with the provisions of Civil and Commercial procedure law. 
As per Article 405, a judgment creditor may move for the execution judge to order stop travel of the authorised signatory of the judgment debtor, the company and the court may issue orders banning travel. In such cases, there won’t be any hearing or opportunity to defend. The court may issue such orders upon the petition by a creditor that the creditor fears the escape of the debtor from litigation or smuggling his assets. 
According to Article 514, if the judgment debtor abstains from the execution of final judgment issued against him, the judgment creditor may request the imprisonment of the judgment debtor. The request summons the judgment debtor to appear before the competent court of execution. If it is proved that judgment debtor is able to fulfil his obligation based on the issued order, the execution court may order the imprisonment which shall not exceed three months. If the debtor is a legal person, the order of imprisonment shall be issued against the authorised representative. 

Change of sponsorship
Q: My employment contract which I signed in August 2012 was for two years. After that I have not signed any contract. Now I receive an offer from a new company with a good package. Whether my contract will get renewed automatically? As per the new law, is it possible to get the sponsorship changed? If I change my sponsorship, does it make me ineligible for end-of-service benefits? Please advise. 
YH, Doha

A: Accordingly, if a contract is signed for two years and the parties continue to perform obligations even after its expiry, the contract will be considered as renewed for indefinite duration. As per the new entry exit law, the employee can change the job with the permission of the government, either after the expiry of their agreed term of contract or after five years of service when the contract is of indefinite duration. Accordingly, in this case the employee should wait until the completion of five years with the current employer for a change of employer.
Nothing in the new law ceases the employee’s right to receive the benefits upon resignation or termination of the contract. The employee will be entitled for a minimum of three weeks’ basic wages per year and prorate as end-of-service benefits and prorate payment against leave dues at three weeks per year.

* Please send your questions by e-mail to: [email protected]

LEGAL SYSTEM IN QATAR

According to Article 319, at the end of the liquidation, the liquidator shall submit a final account on the liquidation activities to the partners, General Assembly, or the court. The liquidation shall not finish unless upon the approval of final statement of accounts by the partners, General Assembly, or the court. The liquidator declares the end of the liquidation, and the end of the liquidation shall not be enforceable against third parties until the date of such declaration. After the liquidation, the liquidator shall apply for the deregistration of the company from the commercial register. 
The dismissal of the liquidator shall take place by the same procedure of appointment; any resolution or judgment dismissing the liquidator shall follow the same requirement for the appointment of a new liquidator. The dismissal of the liquidator shall not be enforceable against third parties until the date of such declaration. 
As per Article 321, no claim against the liquidator concerning the liquidation activities shall be heard after the expiry of three years from the declaration date of the end of liquidation and no claims against the partners based on the company activities or against the managers, board members or auditors based on the acts done in pursuance of their functions, shall be heard after such period.  
The ministry may supervise the Public Shareholding, Limited Share Partnership Company or Limited Liability Companies to ascertain their compliance with the provisions stipulated by the law or the Articles of Association.
The ministry shall depute the officers having capacity of the judicial officers to attend the general assembly meeting without any responsibility on the part of the State in confronting the shareholders or other interested parties in the company. Those in charge of the General Assembly meeting shall enter the attendance of the delegated ministry officers, who could not express their opinions or vote, and their mission is limited to recording the minutes of the meeting to be written after the meeting.
According to Article 329, every partner or shareholder in the company registered pursuant to the provisions of law has the right to examine the published information and documents which are kept at the ministry and upon the ministry permission, to obtain a legalised copy of them. Authenticated copies of any unpublished statements may be obtained by applying to the court by paying the prescribed fees.
The shareholders or partners having 20% of the capital in the Public Shareholding Company, the Limited Liability Company, or Limited Share Partnership may apply to the ministry to order inspection of the company in relation to gross irregularities alleged against Board members and auditors in carrying out their duties determined by the law or the Articles of Association of the company. The request shall include the evidences that may prove the existence of valid justification for such an order. The application of the shareholder or partner shall be accompanied by the shares they hold, which shall remain deposited with the ministry until a decision is made thereupon. 
The application shall be referred to the concerned department at the ministry which shall hear the applicants, Board members, the auditors, and anyone it deems necessary, and prepares a report including its opinion and submitted to the minister. After reviewing the report, the minister may appoint, by a resolution at the expense of inspection applicant, an auditor from those registered in the auditors register to inspect the company business and books.
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