Read the full judgment text of CACV 113/2006 on BabelCite. This court of appeal judgment was delivered on 24 October 2006 before Hon Rogers VP, Le Pichon JA, Chu J.
Contract law — Construction of bills of quantities and subcontract — Marine piling works — Interpretation of extra over payment for toeing-in piles — Whether excess toeing-in length beyond specified 1.50 m minimum attracts additional payment — Whether unit of measurement 'number' or 'linear metre' applicable — Incorporation of Hong Kong Government Standard Method of Measurement for Civil Engineering Works and subsequent addenda — Application of special condition clause 1(j) requiring re-measurement — Court held item 4 of BQs 5 and 10 provides fixed payment per pile regardless of toeing-in depth beyond 1.50 m — Plaintiff’s claim for additional payment rejected as inconsistent with clear contractual terms and measurement units. The Court of Appeal dismissed the appeal and ordered costs to be paid by the appellant. Plaintiff’s application for leave to appeal to the Court of Final Appeal was refused.
Legal issues: Construction of item 4 of bills of quantities 5 and 10
Outcome: Appeal dismissed with costs against plaintiff
Cited by 2 cases