16 May 2016
HONG KONG (SAR) HOTEL LTD v. WING KEY CONSTRUCTION CO LTD
- Citation
- HONG KONG (SAR) HOTEL LTD v. WING KEY CONSTRUCTION CO LTD
- Court
- Court of First Instance
- Case number
- HCCT3/2010
The court held that clause 25(1)(c) applied to temporary safety works because the contract defined 'Works' to include temporary works; an architect's notice to remove defective work can require rectification; the defendant persistently neglected to comply with valid architect's notices and the failures materially affected the Works (safety risks); the employer's notice of determination of 5 October 2009 was not unreasonable or vexatious; consequently the determination was lawful and effective; clause 25(3)(d) does not make the architect's notional final account a condition precedent to the em…