Read the full judgment text of HCCT 27/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 22 August 2019 before Hon Mimmie Chan J.
Construction contract dispute involving maintenance and repair works to four buildings in Kowloon. Plaintiff contractor engaged to carry out rectification works pursuant to a Building Order and later maintenance. Defendant Owners alleged Plaintiff failed to remove rusty foreign metal objects from external walls, failed to adequately survey, identify and repair defective concrete, performed defective waterproofing of water tanks, and carried out defective sealing of drainage pipes. The Court reviewed expert evidence including reports dating from 2009 to 2018, and considered post-completion renovations in 2016. The scope of works was interpreted with respect to the contract documents, confirming the requirement to remove foreign objects but confining such to those specified under the relevant work categories. The Court found Owners failed to prove the alleged 2000 foreign objects left by Plaintiff but accepted that 118 objects observed in 2009 should have been removed. Defective concrete claims were dismissed based on reliable expert evidence that later defects arose from natural aging and carbonation processes beyond the defects liability period. The Court found defective waterproofing and sealing claims proven based on timely inspections and reports of water leakage shortly after completion of Works. Costs related to engaging Authorized Persons or Clerks of Works were disallowed due to the limited scope of allowed claims. The judgment awarded damages accordingly, set off allowed counterclaim amounts against Plaintiff’s outstanding contract sum, and ordered Owners to pay 80% of the costs with certificate for two Counsel.
Legal issues: Scope of the Foreign Objects Removal Work · Reliability of Expert Evidence on Foreign Objects Quantity · Defective Concrete Claims and Timing of Defect Discovery · Defective Waterproofing Claim · Defective Sealing Claim for Drainage Pipes · Costs of Engaging Authorized Person and Clerk of Works
Outcome: Allow Owners’ Foreign Objects Claim only for 118 items observed in 2009; Dismiss Defective Concrete Claim; Allow Defective Waterproofing and Defective Sealing Claims; Owners pay 80% of costs of original claim and counterclaim with certificate for 2 Counsel.
Cited by 4 cases · Cites 1 case