LAW CHI SHUN t/a TECHNICOM ENGINEERING CO v. GUARDIAN FIRE ENGINEERS & CONSULTANTS LTD

LAW CHI SHUN t/a TECHNICOM ENGINEERING CO v. GUARDIAN FIRE ENGINEERS & CONSULTANTS LTD

The court applied its prior findings on liability: Technicom succeeds on the unit rate issue for sprinkler heads but Guardian succeeds where duplication of claims is proved; the court adopted figures presented in closing submissions (and median figures for small disputed sums) to determine quantum without re-opening the trial. As a result the court fixed VO3A at $1,902,000, VO6 at $73,725, VO34 at $23,400, VO44 at $93,375 and adjusted the TOP1 figure to $2,949,641, and amended the summons paragraphs accordingly.

Citation
LAW CHI SHUN t/a TECHNICOM ENGINEERING CO v. GUARDIAN FIRE ENGINEERS & CONSULTANTS LTD
Parties
Plaintiff in Original Action; Defendant in Counterclaim: LAW CHI SHUN trading as TECHNICOM ENGINEERING COMPANY; Defendant in Original Action; Plaintiff in Counterclaim: GUARDIAN FIRE ENGINEERS & CONSULTANTS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 January 2004
Case Number
HCCT8/2000
Procedural Posture
Construction and Arbitration Proceedings (consolidated Hcct95/2001 & Hcct8/2000) / Decision on Quantum (post Trial)
Outcome
Quantum determined in accordance with the court's findings: VO3A fixed at $1,902,000; VO6 fixed at $73,725; VO34 fixed at $23,400; VO44 fixed at $93,375; TOP1 fixed at $2,949,641; summons amended; no order as to costs of this application.
Legal Topics
Quantum, Variation Orders, Assessment of Damages, Duplication of Claims, Unit Rates, Costs
Source Language
EN
Construction Law Contract Law Arbitration Civil Procedure Quantum Variation Orders Assessment of Damages Duplication of Claims +2 more

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Parties

LAW CHI SHUN trading as TECHNICOM ENGINEERING COMPANY

Plaintiff in Original Action; Defendant in Counterclaim

GUARDIAN FIRE ENGINEERS & CONSULTANTS LIMITED

Defendant in Original Action; Plaintiff in Counterclaim

Procedural Posture

Construction and Arbitration Proceedings (consolidated Hcct95/2001 & Hcct8/2000) / Decision on Quantum (post Trial)

Legal Issues

  1. 1 Appropriate unit rate for sprinkler heads ($450 v $180)
  2. 2 Whether Technicom duplicated claims leading to disallowance
  3. 3 Quantification of VO3A

Ratio Decidendi

The court applied its prior findings on liability: Technicom succeeds on the unit rate issue for sprinkler heads but Guardian succeeds where duplication of claims is proved; the court adopted figures presented in closing submissions (and median figures for small disputed sums) to determine quantum without re-opening the trial. As a result the court fixed VO3A at $1,902,000, VO6 at $73,725, VO34 at $23,400, VO44 at $93,375 and adjusted the TOP1 figure to $2,949,641, and amended the summons paragraphs accordingly.

Court Disposition

Quantum determined in accordance with the court's findings: VO3A fixed at $1,902,000; VO6 fixed at $73,725; VO34 fixed at $23,400; VO44 fixed at $93,375; TOP1 fixed at $2,949,641; summons amended; no order as to costs of this application.

Orders

  • Paragraph 1 of the summons to read $2,949,641.00
  • Paragraph 3 of the summons to read $2,565,221.00