19 Dec 2006
CHOW KEE JAMES t/a TAPBO CIVIL ENGINEERING CO v. TRANSWAY CONSTRUCTION & ENGINEERING LTD t/a WO KEE CONSTRUCTION & ENGINEERING CO
- Citation
- CHOW KEE JAMES t/a TAPBO CIVIL ENGINEERING CO v. TRANSWAY CONSTRUCTION & ENGINEERING LTD t/a WO KEE CONSTRUCTION & ENGINEERING CO
- Court
- Court of First Instance
- Case number
- HCCT11/2006
The Subcontract validly incorporated main contract terms back-to-back; therefore Wo Kee was bound by the Main Contract valuation and liquidated damages mechanisms and by obligations (including provision of a site agent and indemnity for damage). The liquidated damages formula was a genuine pre-estimate and enforceable. Engineer certification governed variation valuation and Wo Kee failed to obtain or challenge the engineer's valuation for VO3, so VO3 was disallowed. Many of Wo Kee's counterclaims (prolongation costs, certain materials/services) failed on the contract terms or evidential/plead…