20 Apr 2022
HOYDEN HOLDINGS LTD v. CMB WING LUNG INSURANCE CO LTD
- Citation
- [2022] HKDC 336
- Court
- District Court
- Case number
- DCCJ1729/2021
The Null and Void Clause was unambiguous: the Surety Bond became null and void upon issuance of the Certificate of Practical Completion by the Architect to the Main Contractor on 23 December 2019. The bracketed provision requiring presentation by the Sub-Contractor is evidentiary and not a condition precedent; accordingly the certificate issued under the main contract operated as the contractual long-stop and extinguished the Surety Bond's validity for receipt of claims.