25 May 2006
KING SHING ENGINEERING (HK) CO LTD v. VINSON ENGINEERING LTD
- Citation
- KING SHING ENGINEERING (HK) CO LTD v. VINSON ENGINEERING LTD
- Court
- Court of First Instance
- Case number
- HCCT108/2003
The court held that practical site conduct constituted a waiver of strict written site-instruction requirements under the subcontract so that Kin Shing was authorised to carry out variations; the change from concealed to surface conduits was a substantial variation; valuation of variations was adopted largely on the plaintiff's QS (Mr Wong) producing total variation value $7,129,899.90; after receipts and deductions Vinson owes Kin Shing HKD 1,258,840.80; Kin Shing's departure was at Vinson's direction so no repudiatory breach and Vinson's counterclaim fails.