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Construction payment dispute over fitting-out works, substantial performance, and a counterclaim for repudiatory damages. The court awarded the plaintiff a net sum after set-off.
The District Court refused a late application to amend a statement of claim, holding it contradicted the need for expeditious case management and would prejudice the defendant.
The court dismissed a subcontractorâs claim for payment, finding the disputed works were already covered by written subcontract documents and no separate oral contract was proved.
Court held the parties contracted on PO 3164 terms, found Comtech in breach for delay and defects, and entered net judgment for Thorn on its counterclaim.
The court held that Goarm was not bound by Amenâs subcontract terms and was entitled to payment on a quantum meruit basis, with limited allowance on Shimizuâs counterclaim.
The court held that the subcontractor was entitled to retention monies, delay damages and quantum meruit payment, rejecting the defendantâs back-to-back and timing defences.
Construction subcontract dispute over delay, quantum meruit and counterclaims. The court awarded Happy Dynasty HK$8,919,592 and dismissed the defendantsâ counterclaims.
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