Hong Kong Case Law: Decisions & Judgments

Topic

Defective workmanship

Legal area

Court

21 Dec 2021

MO CONNIE v. LAM KIT YING t/a ONEM IDE CO formerly known as IMM DESIGN WORKSHOP

Citation

[2021] HKDC 1535
Court

District Court
Case number

DCCJ5744/2017

Defendant breached the renovation contracts by failing to complete the works within the contractual period and by delivering substandard workmanship; plaintiff validly accepted the repudiatory breach and terminated the contracts; damages are assessed by reference to expert valuation and actual costs of completion and rectification, and defendant cannot rely on guarantee clauses without completing work.
17 Sept 2020

NG CHEUK HANG v. WAMS DESIGN LTD

Citation

[2020] HKDC 800
Court

District Court
Case number

DCCJ171/2018

The court found the plaintiff entitled to partial relief based on measured overcharging and unpaid undelivered goods and certain remedial items (total HK$230,917) and found the defendant entitled to part of its counter-claim for items properly chargeable under Variation Orders (total HK$30,610); misrepresentation about Corian and a claim for distress were rejected; the defendant's payment of accommodation fees addressed delay liability and reimbursement counterclaim was refused; given the conduct of both parties and disproportionate costs the court ordered no costs.
30 Oct 2015

KAR MING ENGINEERING CO LTD v. PACIFIC MARBLE & GRANITE (HK) LTD

Citation

KAR MING ENGINEERING CO LTD v. PACIFIC MARBLE & GRANITE (HK) LTD
Court

District Court
Case number

DCCJ418/2013

On balance of probabilities the plaintiff proved the Original Works claim net of payments but failed to prove the full claimed variation sum due to lack of contemporaneous records and agreement; only HKD60,750 of variation works was established as payable. The defendant failed to prove defective workmanship causally attributable to the plaintiff or the quantum of remedial costs; the counterclaim was dismissed.
11 Mar 2015

CAPELLA LTD v. ABILITY R&D LTD

Citation

CAPELLA LTD v. ABILITY R&D LTD
Court

Court of Appeal
Case number

CACV142/2014

The Court allowed Ability’s appeal only on Item 1 because Capella, having contracted to design, supply and install the frameless glass door, was responsible for defective workmanship shown by expert agreement; the Judge erred in equating lack of structural failure with absence of defective workmanship. The Court dismissed Item 2 because Capella’s project management obligation did not extend to remedying structural defects by other contractors and no implied duty to alert arose. Item 3 was dismissed as the quotation, properly construed, required Grade 316 only for the outer frame/supports spec…
13 Oct 2014

TEAMAN DESIGN LTD v. LAKCO PACKAGING LTD

Citation

TEAMAN DESIGN LTD v. LAKCO PACKAGING LTD
Court

District Court
Case number

DCCJ1906/2012

Because Lakco failed to plead and particularise alternative cases (including alleged oral agreements and estoppel) and did not properly challenge the specific invoice items in evidence, the court found Teaman entitled to the 8/5/12 invoice items (MCB main cable and light point openings) and to revert to invoice calculations supported by signed sales confirmations; Lakco's major counterclaim for loss of use was without causal or contractual basis and was abandoned, and only a small sum (HK$1,200) for repair of minor defects was allowed, yielding judgment for Teaman of HK$51,734 plus interest a…
12 Sept 2014

WONG LAI SEE v. OCEAN PROFESSIONAL WATERPROOFING COMPANY LTD

Citation

WONG LAI SEE v. OCEAN PROFESSIONAL WATERPROOFING COMPANY LTD
Court

District Court
Case number

DCCJ3933/2012

Plaintiff failed to prove defects or an anticipatory breach of Contract 1; time was not of the essence; termination by plaintiff was premature and in breach; defendant had substantially completed Contracts 1,2 and 3 and is entitled to the unpaid balances and payment for valid additional works; plaintiff's substantive claims dismissed and defendant awarded counterclaim of HKD 184,950 plus interest and costs.
12 Mar 2014

TENNYSON ESTATE LTD v. BOXWOOD DESIGN LTD

Citation

TENNYSON ESTATE LTD v. BOXWOOD DESIGN LTD
Court

Court of First Instance
Case number

HCA283/2010

Defendant's persistent failure to rectify numerous non-trivial defects meant there was no practical completion and constituted a repudiatory breach; plaintiff validly terminated; liquidated damages clause was a valid pre-estimate of loss; plaintiff entitled to recover liquidated damages, reasonable cost of remedial works and insurance; defendant's unprosecuted counterclaim is dismissed.
4 Mar 2014

HO KWAI CHUN t/a MULTIPLE DESIGN v. WONG KING MAN

Citation

HO KWAI CHUN t/a MULTIPLE DESIGN v. WONG KING MAN
Court

Court of First Instance
Case number

HCCT44/2011

The court found the benchmark for materials and workmanship was the neighbouring Nos 26 and 27 works, the '5 or 6 star hotel' phrase was not an incorporated contractual term, the 5% design fee formed part of the contract and was payable, the project was substantially completed by end of December 2010 and the plaintiff was entitled to the contract balance subject to quantified deductions for defects which were assessed by the court rather than wholesale reinstatement; net judgment for the plaintiff was entered after set‑off of counterclaim damages.
10 Jan 2014

CAPELLA LTD v. ABILITY R&D LTD

Citation

CAPELLA LTD v. ABILITY R&D LTD
Court

District Court
Case number

DCCJ4509/2011

The court found that Ability consented to postponements (including due to pipe burst and other contractors), that completion occurred upon Ability signing the Completion Key Delivery on 20 January 2011, and therefore the liquidated damages clause was not triggered; Ability failed to prove rental loss; Capella was liable for specific defects with remedial costs fixed at HK$189,117.50 which were set off against Capella's claimed HK$473,785, yielding a net judgment for Capella of HK$284,667.50 plus interest and costs order nisi for 70% of costs to plaintiff.
8 Feb 2013

LIU KEITH CHE MING AND ANOTHER v. POON CHI SING t/a GOOD VIEW ORNAMENT

Citation

LIU KEITH CHE MING AND ANOTHER v. POON CHI SING t/a GOOD VIEW ORNAMENT
Court

District Court
Case number

DCCJ2421/2010

The court found the contract was a build/procurement contract based on the parties' quotations; the joint single expert established a number of defects attributable to the defendant's workmanship. The court accepted substantially the expert's valuation of remedial work but applied abatements for matters the defendant reasonably raised and for plaintiff failures to mitigate and allowed specific contributions to rectification totalling HKD 62,151.01. The defendant's counterclaim for the outstanding contract balance was allowed and set off against the award, resulting in a net judgment on the co…