Read the full judgment text of HCCT84/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 15 August 2005 before Hon Burrell J.
Construction contract dispute — piling contract for residential development — Plaintiff awarded contract price less disputed liquidated damages — Architect’s certification and Building Authority approval established substantial completion as at 31 January 2000 — Disputed handover date resolved in favor of January 2000 — No valid extension of time clause rendered time at large and precluded liquidated damages deduction — Defendant’s claim that piles were offset beyond contract tolerances rejected on balance of probabilities due to conflicting surveys and credible plaintiff evidence — Remedial works to pile caps not proven to be caused solely by plaintiff — Defendant unable to establish liability for delays or consequential losses including lost rental and diminution in property value — Counterclaim dismissed — Costs awarded to plaintiff — Defendant’s appeal dismissed by Court of Appeal. Plaintiff’s payment claims for unpaid applications and retention money with interest succeed in full.
Legal issues: Substantial completion of piling works · Date of substantial completion · Obligation to pay and amount due · Liquidated damages and time at large · Defectiveness of piling works and tolerances · Necessity and cause of remedial works · Liability for delay and consequential losses from remedial works
Outcome: Plaintiff’s claim for unpaid payments and retention money with interest allowed in full; defendant’s counterclaim dismissed; costs awarded to plaintiff; application for indemnity costs refused.