22 Dec 1992
THE JARDINE ENGINEERING CORPORATION LTD. AND OTHERS v. SHIMIZU CORPORATION
- Citation
- THE JARDINE ENGINEERING CORPORATION LTD. AND OTHERS v. SHIMIZU CORPORATION
- Court
- Court of First Instance
- Case number
- HCCT1/1992
The court refused to adopt strained constructions or wholesale incorporation of main contract payment clauses into the nominated sub-contracts and declined to imply broad indemnity/equivalent-payment terms (Implied Terms B and D). The court did imply a narrowly expressed obligation (Implied Term E, reformulated to: that the Contractor should not hinder or prevent the Sub-contractor from carrying out the Sub-contract works in accordance with the Sub-contract) and applied the employer's prevention principle (Wells). On the agreed facts the Defendant had, by action or by being put in the positio…