Read the full judgment text of HCCT 2/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 May 2007 before Mr Recorder Paul Shieh SC.
Construction contract dispute regarding supply of concrete for bored piles at Tseung Kwan O reclamation project involving Plaintiff Ken On Concrete Company Limited and Defendant China Civil-Road & Bridge Joint Venture. Key factual issues included concrete mix quality, particularly Mix 1 with 40% PFA, and whether defects such as honeycombing and voids in piles were caused by defective concrete or poor workmanship by sub-contractors. Legal issues included incorporation of PS16 specifications, interpretation of recommended dosages of superplasticiser Sikament NN, and contractual rights to cease supply upon non-payment. The Court held that only certain sub-clauses of PS16 were incorporated, rejected the JV’s breach of contract claim as it failed to prove defective concrete supply, and accepted Ken On’s entitlement under clause 13 of its Conditions of Sale to suspend deliveries due to JV’s non-payment. Counterclaim was dismissed. Judgment was granted for Ken On for outstanding invoiced sums with interest and costs order nisi. The judgment includes detailed analysis of expert evidence, concrete placement records, and contractual interpretation. No breach by Ken On was found, and the problems were mainly attributed to workmanship of JV’s sub-contractor. The JV’s claim for additional damages to sub-contractors and remedial costs was not proven as there was no recognized legal liability established.
Legal issues: Breach of contract for concrete quality · Ken On's entitlement to cease supply due to JV's non-payment · Incorporation of PS Clause 16 in the contract · Interpretation of dosage recommendation for Sikament NN superplasticiser · Analysis and interpretation of Concrete Placement Records relating to tremie immersion
Outcome: Judgment for Plaintiff Ken On; JV’s counterclaim dismissed.
Cited by 2 cases