Hong Kong Case Law: Decisions & Judgments

Topic

Defect liability period

Legal area

Court

17 Aug 2007

WONG CHUK KIN t/a KIN KEE ALUMINIUM CO v. MILLENNIUM ENGINEERING LTD

Citation

WONG CHUK KIN t/a KIN KEE ALUMINIUM CO v. MILLENNIUM ENGINEERING LTD
Court

Court of First Instance
Case number

HCA876/2004

On construction of the contract documents the monthly progress certifications were provisional and subject to final assessment (within the contractually envisaged finalisation period); estoppel was not established; applying the burden of proof and contemporaneous documentation the court made specific quantum adjustments and awarded the Plaintiff a net judgment after set‑offs and payments, and dismissed the Defendant's contra charge for gondola hire as not arising from the subcontractor's obligation.
28 Jul 2004

THE INCORPORATED OWNERS OF GREENVILLE GARDENS OF SHIU FAI TERRACE v. WIN-TECH ENGINEERING CO LTD

Citation

THE INCORPORATED OWNERS OF GREENVILLE GARDENS OF SHIU FAI TERRACE v. WIN-TECH ENGINEERING CO LTD
Court

District Court
Case number

DCCJ21789/2001

The court implied terms that the system components would be of merchantable quality, installed in a proper and workmanlike manner and fit for use as a burglar alarm; the defendant failed to prove alleged misuse and breached its contractual and DLP repair obligations; damages were assessed at HK$10,000 for repair because there was no expert evidence to justify a replacement or higher figure.
29 Jan 2001

BMB DESIGN CONSULTANT CO. LTD. v. GLORY KING CONTRACTING LTD.

Citation

BMB DESIGN CONSULTANT CO. LTD. v. GLORY KING CONTRACTING LTD.
Court

Court of First Instance
Case number

HCA14474/1996

The court accepted that the quoted contract sum and certain payment terms were acted upon and therefore payable; there was no concluded agreement on a 12-month defect liability period so a reasonable implied period of three months applied; Lawson's assessment supported limited awards for overtime ($192,000) and additional works ($27,806); the defendant failed to prove the claimed remediation costs and loss of goodwill on the balance of probabilities; the Kingswood mock-up was a joint venture and costs are to be shared, resulting in judgment for the plaintiff for $1,169,294.75, dismissal of th…
6 Mar 2000

SUN KAI ENGINEERING CO. LTD. v. TILEMAN ASIA (HK) LTD.

Citation

SUN KAI ENGINEERING CO. LTD. v. TILEMAN ASIA (HK) LTD.
Court

Court of First Instance
Case number

HCCT56/1997

Court held plaintiff entitled to the unpaid contract balance and retention monies with release timing as per the Letter of Acceptance (2.5% on practical completion dated 13 March 1996 certifying completion 31 Jan 1996; remaining 2.5% after the 12-month maintenance period ending 31 Jan 1997), entitled to damages for 20 days' delay caused by defendant's prevention/hindrance and awarded $710,000, and entitled to quantum meruit payment of $39,000 for the demonstration; defendant's back-to-back and other procedural defences failed to defeat these rights.
7 Sept 1998

WO HING ENGINEERING LTD. v. PEKKO ENGINEERS LTD.

Citation

WO HING ENGINEERING LTD. v. PEKKO ENGINEERS LTD.
Court

Court of First Instance
Case number

HCA5561/1996

On the balance of probabilities the court found plaintiff's sub-standard workmanship was a significant cause of the dripping defects, which prevented issuance of a practical completion certificate; therefore retention and the withheld 50% of variation works under the Ming Pao agreement were not payable. The Modification Contract was separate with clear written payment terms (50% deposit, remainder within 30 days after completion) so plaintiff was entitled to HK$17,500. The "back to back" wording in the H.K. Shipyard and YCK contracts was not sufficiently clear to create a condition precedent…

Hong Kong Case Law

WONG CHUK KIN t/a KIN KEE ALUMINIUM CO v. MILLENNIUM ENGINEERING LTD

THE INCORPORATED OWNERS OF GREENVILLE GARDENS OF SHIU FAI TERRACE v. WIN-TECH ENGINEERING CO LTD

BMB DESIGN CONSULTANT CO. LTD. v. GLORY KING CONTRACTING LTD.

SUN KAI ENGINEERING CO. LTD. v. TILEMAN ASIA (HK) LTD.

WO HING ENGINEERING LTD. v. PEKKO ENGINEERS LTD.