Read the full judgment text of HCCT17/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 21 February 2003 before Hon Burrell J.
Construction Law — Quantum Meruit — Contract Formation — Performance Bond — Expert Valuation — The plaintiff, a non-registered construction company, prepared a successful tender for works at Tai O but no binding contract was concluded with the defendant, who is a government registered contractor. The plaintiff performed works from March to May 2001 but ceased due to unresolved key contract terms, particularly regarding a performance bond or guarantee. The court held no binding contract existed, the plaintiff's claim to be assessed on quantum meruit. The court adopted the plaintiff's expert Mr Battersby's 'costs plus' approach for quantum assessment, rejecting the use of bills of quantities or the defendant's more conservative calculations. Adjustments were made item-by-item, resulting in a total award of HK$1,042,253 plus interest at prime plus 1% and costs on a nisi basis in favour of the plaintiff.
Legal issues: Existence of contract · Assessment of quantum
Outcome: Judgment for the plaintiff for $1,042,253 plus interest and costs on a nisi basis.