Read the full judgment text of HCCT 15/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 25 May 2004 before Hon Reyes J.
Construction contract dispute involving pile driving works at a residential development in Yuen Long. Sunbond Engineering Limited was subcontracted by Konwall Construction & Engineering Co. Ltd. to carry out H-piling work. Numerous piles were abandoned due to excessive rebound and 'sponginess' observed in final set tests. Konwall alleged that Sunbond was negligent in workmanship causing abandonment of piles and liquidated damages due to delay. The court held that the contract allocated the risk of abandoned piles to Konwall irrespective of cause, thereby exempting Sunbond from liability. The concept of 'controlled tamping' as a standard of care was found imprecise and insufficient to establish negligence based solely on statistical evidence. Further, delays were primarily caused by external disruptions and lack of available work, not by Sunbond's fault. Konwall failed to prove negligent breach or culpable delay. Konwall's counterclaim was dismissed. Judgment was entered for Sunbond for unpaid contract sums with interest and costs awarded. No liability for damages or liquidated damages was imposed on Sunbond.
Legal issues: Negligence in pile driving and liability for abandoned piles · Culpable delay in completion of piling works
Outcome: Konwall's Defence and Counterclaim dismissed; judgment for Sunbond for unpaid amount with interest and costs.
Cited by 3 cases