Read the full judgment text of HCCT 7/2007 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 July 2012 before Mr Recorder A Chow, SC.
Construction contract dispute—sub-contract for foundation works—dispute over incorporation of Formal Sub-Contract—whether Formal Sub-Contract forms part of contract—court found no incorporation due to absence in signed documents, lack of contemporaneous record, and late delivery of Formal Sub-Contract to Plaintiff. Contract did not stipulate fixed completion date; Plaintiff completed works on 15 December 2001. Defendant claimed liquidated damages for 48 days delay, but no delay on Plaintiff proved. Court awarded outstanding payment and additional sum payable by Defendant, with interest awarded post 2005 after splitting delay evenly for procedural prosecution, and costs ordered in favour of Plaintiff. The court stressed importance of clear contract terms and contemporaneous documentation to evidence contractual terms in construction disputes.
Legal issues: Incorporation of the Formal Sub-Contract · Existence of a fixed completion date in the Contract · Delay by Plaintiff in completion
Outcome: Judgment for the Plaintiff against the Defendant for HK$991,595.82