Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Re‑rating of rates
  • 10 Jun 1983

    MITSUI CONSTRUCTION CO LTD v. ATTORNEY GENERAL

    Citation
    MITSUI CONSTRUCTION CO LTD v. ATTORNEY GENERAL
    Court
    Court of First Instance
    Case number
    HCCL1/1983

    Clause 13 makes the billed quantities the measure of the work included in the Contract Sum so that substantial automatic increases in executed quantities may constitute Additional Works/variations; such variations fall within Clause 74(4) permitting re‑rating (notwithstanding an extension of time under Clause 65(4), which is subject to other contract provisions); contractor is entitled to re‑rating and compensation under Clause 74(4) for losses causally linked to using excess quantities to cope with ground conditions; Site Instructions were not variation orders because the delegated authority…