Read the full judgment text of HCCT000008A/1992 on BabelCite. This HIGH COURT judgment was delivered on 22 July 1994 before The Hon. Mr. Justice Kaplan.
Contract Law — Professional Fees — Structural Engineering Services — Contractual Interpretation — October 1987 Agreement — Staged Payment Based on Construction Costs — Oral Agreement Allegation — Quantum Meruit — Fee Caps on Surveys. The Plaintiff, a structural engineer, provided services for the Peninsula Hotel extension under an October 1987 Agreement entitling him to staged payments based on total construction costs. Defendant terminated extension services in July 1990 but continued some renovation services. Plaintiff claimed hourly fees based on an alleged 25 July 1990 oral agreement—this was rejected for lack of credible evidence and inconsistent contemporaneous documents. The Court held the October Agreement continued to govern payment and further stage payments (20% and 7.5%) were due upon approval of plans and issue of Occupation Permit, calculated on total construction costs or the prevailing design cost, whichever higher. Plaintiff’s alternative claims for post-termination quantum meruit payment were noted but unnecessary to decide. Claims for structural feasibility studies (Activity E) were dismissed except for capped survey fees (Activity F), which the Court accepted with limits. Quantum to be assessed by Master if parties disagree; costs reserved for later consideration.
Legal issues: Existence of oral agreement for hourly payment of temporary works · Entitlement to further stage payments under October Agreement · Basis for payment for services after termination of October Agreement on 25 July 1990 · Claim for Activity E (structural feasibility study) · Claim and liability cap for Activity F (survey work)
Outcome: Plaintiff entitled to further stage payments per October Agreement based on total construction costs; no oral agreement for hourly payment found; entitlement to Activity F capped fees affirmed; claims for Activity E mostly rejected; matter of quantum to be referred to Master if parties cannot agree.