21 May 2008
CHOW KEE JAMES t/a TAPBO CIVIL ENGINEERING CO v. TRANSWAY CONSTRUCTION & ENGIEERING LTD t/a WO KEE CONSTRUCTION & ENGINEERING CO
- Citation
- CHOW KEE JAMES t/a TAPBO CIVIL ENGINEERING CO v. TRANSWAY CONSTRUCTION & ENGIEERING LTD t/a WO KEE CONSTRUCTION & ENGINEERING CO
- Court
- Court of Appeal
- Case number
- CACV36/2007
Appeal allowed in part: the judge was correct to permit the fuel contra charge and to calculate liquidated damages by reference to the sub-contract delay (award $546,584) but the plaintiff failed to mitigate by not claiming on the insurance so penalty charges recoverable from the defendant are limited to insurance excess totalling $90,000; ICE services and site agent contra charges were not recoverable; additional insurance premium of $190,639.08 was not recoverable in addition to liquidated damages; the costs order below was set aside and replaced with an award that the defendant be entitled…