Read the full judgment text of HCCT 36/2018, HCCT 37/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 26 July 2021 before Hon Mimmie Chan J.
Construction law – Subcontract incorporation – Contract documents – Whether broad subcontract and main contract conditions incorporated – Rejected due to lack of clear intention. Scope of works and design duties clarified: Plaintiff responsible for construction only of Schedule 3 and 4 works, and design plus construction of Schedule 5 works per final approved design. Measurement and valuation governed by remeasurement contract on flat area; Plaintiff not entitled to weight basis valuation for larger steel members despite Defendant’s design changes. Numerous claimed variations disallowed or limited where unsupported by evidence or inconsistent with contract valuation provisions. Claims for labor and transportation overtime costs disallowed due to insufficient substantiation and contractual scope including labor supply during overtime. Contra charges for defective works allowed only where supported by contract terms (e.g. painting and rectification of washers) and evidence; remainder disallowed for lack of proof. Additional completion costs by third parties against Plaintiff disallowed due to inadequate evidence. Judgment directs parties to draft detailed order defining financial entitlements and costs. Counsel: Mr Solomon Lam (Plaintiff), Mr Calvin Cheuk (Defendant).
Legal issues: Incorporation of contract documents · Scope of work and design responsibility · Measurement and valuation of steel members for Q050, Q054, and Q055 · Entitlement to claims for BIM and other variations (e.g. VO1, Q017A, Q002C, Q003, Q006A, Q007B, Q007, etc.) · Claims for transportation and overtime labour costs (Q010, Q023, Q024, Q033, Q034, Q037, Q053) · Contra charges for defective, incomplete, or uncompleted works including painting obligations · Entitlement to costs for additional works and completion carried out by third parties
Outcome: Plaintiff’s claims partly allowed and partly disallowed; Defendant’s counterclaims for rectification and additional costs largely disallowed due to lack of evidence except specified items.
Cited by 2 cases · Cites 3 cases