From Dream Projects to Courtrooms: A Legal Dispute in Marrakech Raises Investor Protection Concerns
The aspirations of a couple from Luxembourg to invest in Marrakech have unfortunately spiraled into a lengthy legal battle, stemming from a contract they signed on October 4, 2017, with an architectural firm tasked with overseeing the construction of a villa in the Amelkis Golf area. The agreement stipulated that the project would be completed within a span of 18 months, with the architect responsible for monitoring the work, providing weekly reports, and ensuring that the construction adhered to the approved designs.
However, according to the documentation associated with the case, the project experienced significant delays, frequent work stoppages, and various execution irregularities. These issues compelled the investors to engage a specialist to examine the situation. Following this, they pursued mediation through the regional council of the architects' association in Marrakech-Safi, ultimately issuing a warning to the architect for what they deemed breaches of contract.
The commercial court in Marrakech subsequently ordered a judicial expertise, which revealed that the investors had paid a total of 2,050,000 dirhams while the value of the work completed under both the original and additional contracts amounted to only 979,385.18 dirhams. Despite this, the investors continued to be asked for additional payments, even though the project had not been completed within the agreed timeframe.
Consequently, the commercial court ruled in both initial and appellate proceedings, permitting the investors to contract another architect to finish the project. On January 7, 2025, the court annulled the engineering contract, a decision which was later amended by the appellate court on May 21, 2025, which adjusted the compensation awarded to the investors.
Later developments in the case included reports of construction violations within the villa. However, local authorities, after conducting an inspection, found no evidence of a well as alleged in one of the reports, and temporarily halted work until the correctable violations were addressed. Following the issuance of an amended design on January 30, 2026, construction resumed legally.
In a significant twist, the architect involved faced a preliminary and appellate court ruling on June 10, 2026, sentencing him to six months in prison for fraud and breach of trust against the investors, after he had lured them to a location operated by his wife under the pretense of selling traditional furniture and accessories, which turned out to be a fraudulent scheme.
This case underscores the critical importance of honoring contractual obligations in construction projects, and highlights the role of judicial expertise and the judiciary in safeguarding the rights of investors. It also raises important questions about how such disputes can impact foreign investor confidence and the overall perception of the investment climate in Marrakech.
As reported by nichanealane.ma.
