Read the full judgment text of HCCT 43/2008 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 February 2010 before Hon Reyes J.
Construction and Arbitration Proceedings — Nominated Sub-Contractor — Decking Installation — Defective Work — Stability and Structural Integrity — Building Regulations Load Requirements — Quantum — Costs. Jets Technics Limited as nominated sub-contractor contracted with T.O.P. Contracting Limited as main contractor for design and installation of decking panels in Jockey Club renovation project. Dispute arose on conformity to Building Regulations requiring decking to withstand 5 kPa load, with TOP alleging instability and poor quality frames, and Jets claiming full payment under interim payment certificate. The court assessed expert evidence, preferring Jets’ engineer over TOP’s surveyor, finding the decking system sufficiently stable except for Area D requiring additional supports, and no wholesale frame replacement required despite distortion and rusting. Quantum of remedial costs was assessed at approximately $20,000. TOP was allowed to set off this sum against retention monies. Costs orders included indemnity costs against TOP for failure to comply with court directions on trial bundle preparation. Appeal by TOP against joinder refusal dismissed by CACV57/2010. Judgment entered for Jets for $1,111,000 with interest and costs orders.
Legal issues: Stability of decking panels · Quality of GMS frames of decking panels · Quantum of costs for remedying defects · Set-off of defective work costs against retention monies · Costs for trial bundle preparation
Outcome: Judgment entered for Jets for $1,111,000; TOP’s counterclaim for defective work assessed at $20,000; set-off of $20,000 against retention monies allowed; interest awarded; costs orders made.
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