Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Excepted matters (cl.115)
  • 16 Oct 1990

    ATTORNEY GENERAL v. WANG CHONG CONSTRUCTION CO. LTD.

    Citation
    ATTORNEY GENERAL v. WANG CHONG CONSTRUCTION CO. LTD.
    Court
    Court of First Instance
    Case number
    HCMP542/1990

    No valid Architect's decision existed for the purposes of clause 117 because (1) the person who purported to decide (Mr Kwan) was not established to be the Architect named in the contract, (2) the maintenance certificate operated as conclusive approval of works and admission of due performance in the contractual scheme, and (3) the dispute concerned excepted matters under clause 115 (quality of materials and workmanship) excluded from clause 117 arbitration; accordingly the Attorney General's applications for declaration and appointment of an arbitrator and for a stay were dismissed and the r…