Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Delay counterclaim
  • 13 Dec 2006

    SUNLEY ENGINEERING & CONSTRUCTION CO LTD v. NGO KEE CONSTRUCTION CO LTD

    Citation
    SUNLEY ENGINEERING & CONSTRUCTION CO LTD v. NGO KEE CONSTRUCTION CO LTD
    Court
    Court of First Instance
    Case number
    HCCT49/2002

    The sub-contract incorporated the bills of quantities so Sunley was entitled to recover for variations for works omitted or understated where those works were necessary to complete the contracted scope; Sunley was entitled to the quantified variations (subject to agreed deductions for proven contra-charges) and Ngo Kee failed to prove that Sunley caused delay to the main contract or resulting loss, accordingly Ngo Kee's major delay counterclaim failed and judgment was entered for Sunley in the net sum of HK$6,843,309 with interest at prime plus 1% from 21 June 2001; PNAP 227 is recommendatory…