21 Feb 2006
SAM WOO BORE PILE FOUNDATION LTD v. CHINA OVERSEAS FOUNDATION ENGINEERING LTD
- Citation
- SAM WOO BORE PILE FOUNDATION LTD v. CHINA OVERSEAS FOUNDATION ENGINEERING LTD
- Court
- Court of First Instance
- Case number
- HCCT76/1996
Item 4 of BQs 5 and 10 must be read as a fixed extra-over unit rate per pile excluding SMM 9.14 by virtue of special condition cl.1(j) and the language of the BQs; accordingly Sam Woo's claim for additional payments for excess toeing-in is unsustainable and those parts of the Amended Statement of Claim are struck out; proposed re-amendments are disallowed because they introduce a new cause of action outside the six-year limitation and are estopped by prior payment-in, and related finance/interest claims therefore fail.