CHINA-TECH ENGINEERING (INT’L) LTD. v. JET HAVEN LTD.

CHINA-TECH ENGINEERING (INT’L) LTD. v. JET HAVEN LTD.

On the evidence led by China-Tech and in the absence of Jet Haven at trial, the court accepted plaintiff's proofs of entitlement to $1,427,613.50 for works and variations, found that alleged defects were remedied by China-Tech and that there was no evidence Jet Haven engaged an alternative subcontractor; therefore...

Source-derived case information.

Citation
CHINA-TECH ENGINEERING (INT’L) LTD. v. JET HAVEN LTD.
Parties
Plaintiff: China-Tech Engineering (Int'l) Ltd.; Defendant: Jet Haven Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 July 2006
Case Number
HCCT98/2003
Procedural Posture
Construction and Arbitration Proceedings / Judgment
Outcome
Judgment for plaintiff China-Tech Engineering (Int'l) Ltd. for $1,427,613.50; defendant Jet Haven Ltd.'s counterclaim dismissed.
Legal Topics
Subcontractor Payment, Variation Orders, Defective Work Remediation, Counterclaim for Remedial Costs, Interest on Judgment, Costs and Taxation
Source Language
en
Construction Law Contract Law Commercial Law Civil Procedure Subcontractor Payment Variation Orders Defective Work Remediation Counterclaim for Remedial Costs +2 more

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Parties

China-Tech Engineering (Int'l) Ltd.

Plaintiff

Jet Haven Ltd.

Defendant

Procedural Posture

Construction and Arbitration Proceedings / Judgment

Legal Issues

  1. 1 Whether plaintiff entitled to balance of $1,427,613.50 for work on MOS and KTS projects
  2. 2 Whether variation orders claimed by plaintiff were part of original scope or payable extra
  3. 3 Whether alleged defects justified engagement of alternative subcontractor and counterclaim of $1,193,236.08

Ratio Decidendi

On the evidence led by China-Tech and in the absence of Jet Haven at trial, the court accepted plaintiff's proofs of entitlement to $1,427,613.50 for works and variations, found that alleged defects were remedied by China-Tech and that there was no evidence Jet Haven engaged an alternative subcontractor; therefore judgment was entered for China-Tech for the claimed sum with interest and costs, and Jet Haven's counterclaim was dismissed.

Court Disposition

Judgment for plaintiff China-Tech Engineering (Int'l) Ltd. for $1,427,613.50; defendant Jet Haven Ltd.'s counterclaim dismissed.

Orders

  • Judgment for China-Tech Engineering (Int'l) Ltd. in the sum of $1,427,613.50.
  • Interest on that amount from date of writ to date of judgment at 1% over Hong Kong prime rate.