Read the full judgment text of HCCT 21/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 July 2010 before Hon Saunders J.
Construction contract dispute involving the interpretation of a Bill of Quantities item describing the metal main roof design and construction works at Sau Mau Ping Estate redevelopment. The key issue was whether an error in the approximate roof area stated in the Bills of Quantities was an 'error in firm quantities' under the Hong Kong Government's General Conditions of Contract for Building Works, entitling the contractor to additional payment. The court held the issue was one of description, not quantity, and that the lump sum tender price accepted by the parties incorporated the design based on drawings showing approximately 4,300 m². The judgment applied principles distinguishing one-off factual issues from construction of standard clauses and found no basis for leave to appeal as the arbitrator’s decision was not obviously wrong. The court ordered that the applicant pay the respondent's costs on an indemnity basis fixed at specified fees.
Legal issues: Whether error in approximate area is an 'error in firm quantities' under GCC
Outcome: Leave to appeal refused
Cites 1 case