9 Jul 2002
BORDON CONSTRUCTION CO., LTD. v. CHI LIK WINDOW WORKS CO. LTD.
- Citation
- BORDON CONSTRUCTION CO., LTD. v. CHI LIK WINDOW WORKS CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT15/2001
The defendant repeatedly failed to obtain architect approval and to address the architect's comments; those failures prevented ordering materials and delayed the programme and therefore went to the root of the subcontract constituting a repudiatory breach. The plaintiff validly made time of the essence by notice and reasonably terminated. The defendant's defences were either unpleaded or unsupported and failed. Damages were awarded for cost of completion (discounted), wasted expenditure, indemnity against employer's liquidated damages, interest on a nisi basis and costs.