Read the full judgment text of HCCT 11/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 November 2004 before Hon. Reyes J.
Construction law — Sub-contract for piling works — Liability for deviations beyond contractual tolerance — Falcon liable irrespective of cause — Quantum of damages limited to foreseeable costs — Delay claims — Not established, Falcon completed within reasonable time — Effect of Final Agreement — Precluded delay claims but not deviation claims — Parties’ meeting held on 5 October 2000 explicitly reserved pile deviation claims but not delay — Loss of surveyor’s log book held neutral — Damages awarded for design fee and additional building costs but not liquidated damages to third party — Falcon’s remaining claim dismissed, Kirin’s Counterclaim partially allowed for $760,000, stay of execution lifted, and further hearing ordered on interest, costs, and payment of court security.
Legal issues: Liability for pile deviation · Quantum of damages for pile deviation · Claim for delay on piling works · Effect of the 5 October 2000 Final Agreement
Outcome: Falcon's remaining claim dismissed; stay of execution lifted. Kirin's Counterclaim allowed in part for $760,000.
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