18 Apr 2002
WENDEN ENGINEERING SERVICE CO. LTD. v. LEE SHING YUE CONSTRUCTION CO. LTD.
- Citation
- WENDEN ENGINEERING SERVICE CO. LTD. v. LEE SHING YUE CONSTRUCTION CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT90/1999
Clauses 2(b) and 2(c) must be read together: the Main Contractor is obliged to compensate the Subcontractor for loss only in accordance with sub-clause (c); sub-clause (c) contemplates back-to-back interim payments of the specified percentages as the Main Contractor receives certified payments from the Principal, subject to final ascertainment and adjustment (including repayment if no loss ultimately exists). The Main Contractor's certification duty must be exercised reasonably. Loss may be established before Final Account where loss is inevitable (for example, because of sub-subcontract term…