Read the full judgment text of HCCT 36/2018, HCCT 37/2018 (consolidated) on BabelCite. This 高等法院原訟法庭 judgment was delivered on 26 July 2021 before Hon Mimmie Chan J.
Construction contract dispute concerning subcontract works at Xiqu Centre in West Kowloon Cultural District. Plaintiff was subcontracted by Defendant under a remeasurement contract based on flat area for fitting out works to various parts of the Centre. Key issues included scope of contract documents incorporated, responsibilities for design and construction, the correct method of measurement for payment, and valuation of variations and additional works. Court held only drawings and technical specifications relevant to Plaintiff's works formed part of contract documents; Plaintiff was bound to construct works according to final approved design but measurement was by flat area, not weight. Plaintiff’s claim for additional payment on weight basis rejected. Many claimed variations allowed or disallowed based on contract terms and evidence. Defendant’s many counterclaims for rectification costs mostly rejected for lack of proof or causal link to Plaintiff’s breach, except limited amounts allowed. Court ordered parties to agree turnover and costs submissions. Judgment clarifies key principles in incorporation of documents, construction of remeasurement contracts, and evidential burden on claims for variation and rectification costs.
Legal issues: Incorporation of Contract Documents and Annexures · Scope of Works and Design Responsibility · Method of Measurement and Valuation of Work · Entitlement to Payment for Claimed Variations and Additional Works · Defective Works and Counterclaims for Rectification Costs
Outcome: Court allowed some of Plaintiff’s claims for additional payments and valuations of variations, rejected others for lack of contract basis or evidence. Defendant’s counterclaims for rectification and other contra charges were mostly disallowed due to insufficient proof, except limited sums allowed on evidentiary basis.
Cites 4 cases