Hong Kong Case Law: Decisions & Judgments

Topic

Completion of works

Legal area

Court

9 Jan 2025

IDEAS DESIGN ENGINEERING COMPANY LTD v. M.O.P. DEVELOPMENT LTD

Citation

[2025] HKDC 15
Court

District Court
Case number

DCCJ1044/2021

Plaintiff proved, by production of FS251 certificates and witness evidence, that required works and testing were completed for Contracts 3–6 (except certain minor items) thereby accruing the Defendant's obligation to pay 90% of those contract prices less deposits; Plaintiff failed to prove completion or certification for Contracts 1 and 2 so no further sums were recoverable on those contracts; quantum meruit was inapplicable; interest ordered from 27 March 2019 and costs awarded to Plaintiff.
4 Apr 2022

SHUN SHING CONTRACTORS LTD 對 SAM TAT ENGINEERING (DEVELOPMENT) LTD

Citation

[2022] HKDC 257
Court

District Court
Case number

DCCJ2835/2019

The court found the defendant failed to prove duress; contemporaneous documents and conduct belied the duress allegation; the agreement contained valid consideration (including plaintiff's forbearance to pursue claims against parties); Part 2 works were completed as evidenced by the completion record and oral notification and defendant waived insistence on a written completion certificate; accordingly defendant is liable to pay the outstanding HKD 435,000 plus interest and costs.
4 Jul 2001

CHINA MERCHANTS HEAVY INDUSTRY CO. LTD. v. JGC CORPORATION

Citation

CHINA MERCHANTS HEAVY INDUSTRY CO. LTD. v. JGC CORPORATION
Court

Court of Appeal
Case number

CACV112/2001

Clause 12 is a valid arbitration agreement under Art 8(1); the plaintiff's failure to give the 15 day notice did not render the arbitration agreement inoperative; JGC's letters of March and June 1999 were decisions of the kind within clause 12 and the arbitration mechanism applied; accordingly the court must stay proceedings and the appeal is dismissed.
10 Apr 1996

CHOI KAM CHAN v. WONG WANG BUN

Citation

CHOI KAM CHAN v. WONG WANG BUN
Court

Court of Appeal
Case number

CACV227/1995

By majority the court held the 1994 agreement did not effect a waiver of the defendant's accrued right to claim liquidated damages under the 1993 contract; the plaintiff's withholding of the renovation plans meant the works remained uncompleted for the purposes of the original contract, so the trial judge's assessment on delay was not disturbed and the appeal was dismissed.

Hong Kong Case Law

IDEAS DESIGN ENGINEERING COMPANY LTD v. M.O.P. DEVELOPMENT LTD

SHUN SHING CONTRACTORS LTD 對 SAM TAT ENGINEERING (DEVELOPMENT) LTD

CHINA MERCHANTS HEAVY INDUSTRY CO. LTD. v. JGC CORPORATION

CHOI KAM CHAN v. WONG WANG BUN