29 Dec 2023
AEROTECH ACOUSTICS LTD v. CHEVALIER (ALUMINIUM ENGINEERING) HONG KONG LTD
- Citation
- [2023] HKDC 1849
- Court
- District Court
- Case number
- DCCJ1937/2017
On construction of the contract the milestone "40% materials on site" required delivery of the entire single contracted lot (277m²) to the Site before payment; delivery of 89% did not amount to substantial performance because the contract required supply and installation of the whole lot and the missing 11% defeated the contract's purpose; plaintiff breached by failing to deliver required T‑shape modifications and the remaining 11% and by failing to install; defendant entitled to recover costs it incurred to alter, complete and install, and judgment entered for defendant on its counterclaim f…