Hong Kong Case Law: Decisions & Judgments

Topic

Variation orders

Legal area

Court

17 Dec 2025

HUNG LEE DECORATION ENGINEERING LTD v. DAVID DECORATION LTD

Citation

[2025] HKDC 2002
Court

District Court
Case number

DCCJ3226/2021

Clause 5 must be read with the schedule: the agreement is lump sum only to the extent of the specified quantities; excess quantities are payable at schedule unit rates; PQS approval is not a general condition precedent to payment where parties agree the price or a schedule unit rate applies; where no price is agreed an implied term requires payment of a reasonable sum; Payment Declarations executed by the plaintiff were partial receipts and did not bar further claims; the defendant failed to plead or prove set‑offs; the Jessville clause did not create a pay‑when‑paid condition precedent.
13 Nov 2024

SKYFORCE ENGINEERING LTD v. WANG KWONG ELECTRICAL ENGINEERING LTD

Citation

[2024] HKDC 1860
Court

District Court
Case number

DCCJ273/2021

The defendant's continuous suspension of works from 28 September to 17 October 2019 constituted a repudiatory breach; plaintiff was entitled to accept that repudiation on 17 October 2019 and to engage replacement works and recover damages; plaintiff's withholding under clause 18 and limited payment delays were not repudiatory; certain variation claims by defendant lacked contemporaneous proof and were reduced or rejected; net judgment reflects set-off of allowed counterclaim.
18 Jul 2024

LUI KWONG SHING trading as WAI SING ENGINEERING COMPANY v. PINE WOOD (F.E.) INTERNATIONAL LTD

Citation

[2024] HKDC 1182
Court

District Court
Case number

DCCJ3426/2019

Plaintiff failed to prove fulfillment of the 3rd Condition (95% completion by 25 Oct 2015) so no entitlement under the 2nd Contract; however the Oral Agreements (22 invoices) were enforceable and proved to be VOs performed by Plaintiff and payable in the net sum of HK$556,340.12 after deductions; Defendant failed to prove defects were caused by Plaintiff and its counterclaim for rectification costs is dismissed; interest and partial costs ordered to Plaintiff.
30 Jan 2024

SHING LOK PLUMBING ENGINEERING COMPANY LTD v. FULL WIN BUILDING SERVICES LTD

Citation

[2024] HKDC 191
Court

District Court
Case number

DCCJ6860/2020

The plaintiff established a binding subcontract by conduct through performance of the works and documentary evidence; the defendant breached the Agreement and Variation Works were payable; judgment entered for the plaintiff for the unpaid sums with interest and costs.
10 Jan 2024

WAH SUNG CONSTRUCTION & PILING LTD v. CHEERWIDE LTD

Citation

[2024] HKCFI 45
Court

Court of First Instance
Case number

HCCT57/2020

The Varied Contractor Agreement produced by Wah Sung/Alliance (including the Excepted List and Initial Approved Plans) was the true contract; it was not void for uncertainty. Many Additional Works were outside the VCA and authorised by Alliance and/or ratified or acquiesced in by Cheerwide (actual and ostensible authority), so Wah Sung was entitled to payment for agreed additional works (HK$34,300,469.25) and quantum meruit items (HK$730,533.70) together with levies, administrative fee, HD payments and delay losses. Cheerwide’s counterclaims against Wah Sung, Alliance and Chiu failed; Chiu ow…
18 Jul 2023

LUCKY FACT GARMENTS LTD AND ANOTHER v. KWOK CHI KUEN t/a GLOBAL INTERIOR DESIGN AND ANOTHER

Citation

[2023] HKDC 972
Court

District Court
Case number

DCCJ5742/2019

On the balance of probabilities the 1st defendant breached the Main Contract and/or was negligent in performing renovation works and waterproofing, causing the pleaded defects and water seepage; the court accepted the plaintiffs' expert evidence where credible, rejected VO6 and certain defendant contentions, awarded specific remediation and general damages (including loss of enjoyment), set off unpaid contract sums, and ordered the 2nd defendant to refund supervision fees.
20 Apr 2023

JOHNSON CONTROLS HONG KONG LTD v. WANGLE ENGINEERING LTD

Citation

[2023] HKCA 568
Court

Court of Appeal
Case number

CACV454/2021

The Court held the contract was not an all‑inclusive lump sum; the contract scope was defined by the 2nd Quotation and LOI including specific exclusions and limits (eg cutoff dates, capped testing/commissioning man‑days, payment structure tied to FSD inspection). Interim payments certified by the plaintiff's project manager and subsequent payments supported the factual finding that the defendant had completed contract works by 3 September 2015. Work performed after that date was properly found to be variations entitling defendant to the VOs and materials claims; plaintiff failed to prove enti…
7 Jan 2022

SMARTEK E & M ENGINEERING (HK) LTD v. WIN WIN WAY CONSTRUCTION CO LTD

Citation

[2022] HKDC 32
Court

District Court
Case number

DCCJ5104/2017

Credibility and contemporaneous documents established plaintiff left site with defective and incomplete works and failed to provide required substantiation; final account was not finalised and defendant never acknowledged or made the alleged part payment that could revive limitation; the causes of action for each VO accrued on the invoice dates in 2010 and are therefore time‑barred; further, defendant is entitled to equitable set‑off for costs incurred in rectifying defects (net HK$530,800), so plaintiff's claim is dismissed and costs awarded to defendant on an indemnity basis.
31 Aug 2021

JOHNSON CONTROLS HONG KONG LTD v. WANGLE ENGINEERING LTD

Citation

[2021] HKCFI 2560
Court

Court of First Instance
Case number

HCA2239/2016

The court accepted contemporaneous interim payment certifications and payments as establishing that the defendant had completed all work within the contract by 3 September 2015; plaintiff failed to prove the late, unpleaded assertions (all-inclusive contract, provisional certification, common understanding re double-handling) and causal links to Gammon contra charges or Link-Foong rectification costs; conversely, contemporaneous documents and communications established that much extra work was instructed as variations and defendant was entitled to the VOs sums and materials reimbursement, les…
11 Mar 2020

YOU’S KITCHEN LTD v. LAM KWOK KWONG formerly t/a STAR BRIGHT ENGINEERING & INSTALLATION CO

Citation

[2020] HKCFI 411
Court

Court of First Instance
Case number

HCA1962/2015

On uncontested credible evidence the court found the agreed unit prices and quantities proven, accepted invoices as records of work done and that variation work was payable at the reasonable invoiced sums, credited interim payments, and therefore awarded the net contractual sums plus interest and costs.