Read the full judgment text of HCCT56/1997 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 March 2000 before Mr Recorder Kotewall SC.
Construction contract dispute over supply of labor for concreting of Chimney No.3 at Lamma Power Station. Plaintiff, a sub-sub-contractor, claimed unpaid retention monies, damages for 20-day delay caused by defendant's acts, and payment for a pre-contract demonstration. The court analyzed contractual terms in the Letter of Acceptance, confirming retention monies were payable at specified milestones and that delay caused by defendant's instructions and failures entitled plaintiff to damages. The court further held, under quantum meruit principles, that the plaintiff was entitled to payment for requested work outside contract prior to formal engagement. Awards made for unpaid sums, damages, and interest with plaintiff to receive costs. Relevant legal principles from Jardine Engineering v. Shimizu Corp and Wells v. Army & Navy Co-operative Society applied to establish implied duties and entitlements for damages due to employer hindrance and quantum meruit claims for extra-contractual works.
Legal issues: Contractual payment and retention monies · Extension of time claim and breach of contract for delay · Demonstration claim – quantum meruit for predecessor work outside contract
Outcome: Plaintiff succeeds on all three claims: retention monies, extension of time damages, and demonstration quantum meruit claim.
Cited by 1 case