KAR MING ENGINEERING CO LTD v. PACIFIC MARBLE & GRANITE (HK) LTD

KAR MING ENGINEERING CO LTD v. PACIFIC MARBLE & GRANITE (HK) LTD

On balance of probabilities the plaintiff proved the Original Works claim net of payments but failed to prove the full claimed variation sum due to lack of contemporaneous records and agreement; only HKD60,750 of variation works was established as payable. The defendant failed to prove defective workmanship causally attributable to the plaintiff or the quantum of remedial costs; the counterclaim was dismissed.

Citation
KAR MING ENGINEERING CO LTD v. PACIFIC MARBLE & GRANITE (HK) LTD
Parties
Claimant: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 October 2015
Case Number
DCCJ418/2013
Procedural Posture
Building/construction Contract Dispute (debt and Defective Works) / Trial Judgment
Outcome
Judgment for plaintiff; counterclaim dismissed
Legal Topics
Variation Works, Defective Workmanship, Counterclaim and Set‑off, Pleading Amendment, Costs and Interest
Source Language
EN
Contract Law Construction Law Building Defects Civil Procedure Evidence Variation Works Defective Workmanship Counterclaim and Set‑off +2 more

Case Brief

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Parties

Plaintiff

Claimant

Defendant

Defendant

Procedural Posture

Building/construction Contract Dispute (debt and Defective Works) / Trial Judgment

Legal Issues

  1. 1 Scope and valuation of authorised variation works under the subcontract and amount unpaid
  2. 2 Whether the plaintiff's works met the contractual standard and quality
  3. 3 If defective, the quantum of damages for rectification and mitigation of loss

Ratio Decidendi

On balance of probabilities the plaintiff proved the Original Works claim net of payments but failed to prove the full claimed variation sum due to lack of contemporaneous records and agreement; only HKD60,750 of variation works was established as payable. The defendant failed to prove defective workmanship causally attributable to the plaintiff or the quantum of remedial costs; the counterclaim was dismissed.

Court Disposition

Judgment for plaintiff; counterclaim dismissed

Orders

  • Judgment for the plaintiff in the sum of HKD225,348.01
  • Interest at 1% above HSBC best lending rate from date of issue of writ until judgment and at judgment rate thereafter