Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Remeasurement contracts

Legal area

Court

26 Jul 2021

COLMAT CONSTRUCTION AND ENGINEERING CO LTD v. MINMETALS CONDO (HONG KONG) ENGINEERING CO LTD

Citation

[2021] HKCFI 2184
Court

Court of First Instance
Case number

HCCT36/2018

The Contract incorporated the drawings and technical specifications relevant to the Plaintiff's subcontract works but did not incorporate the main contract's or MC's full General or Special Conditions; the Contract is a remeasurement contract based on flat area so unit rates in the schedules govern valuation of variations (not weight-based measurement); many of the Plaintiff's variation claims fail for liability or for lack of substantiation; most contra charges claimed by the Defendant fail for lack of sufficient evidence though specified discrete amounts were allowed where supported by evid…
26 Jul 2021

MINMETALS CONDO (HONG KONG) ENGINEERING CO LTD v. COLMAT CONSTRUCTION AND ENGINEERING CO LTD

Citation

[2021] HKCFI 2184
Court

Court of First Instance
Case number

HCCT37/2018

Only the contract drawings and the technical specifications in Annexure 2 as relevant to the subcontractor's works were incorporated into the Contract; the Contract was a remeasurement contract based on flat area so measurement by area and the unit rates in the schedules apply; where the plaintiff failed to prove entitlement or substantiate quantum the claims were disallowed; contra charges required clear evidence and were only allowed in limited, substantiated parts.