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
- HCMP70/1990
The court held there was no valid Architect's decision under clause 117 because (1) Mr P.L. Kwan was not established to be the Architect under the Contract, (2) the maintenance certificate operated as conclusive approval and admission of due performance in the contractual scheme, and (3) the dispute concerned quality of materials/workmanship and thus fell within clause 115 excepted matters excluded from clause 117 arbitration; accordingly the Government's applications for declaration, appointment of an arbitrator and stay were dismissed and Wang Chong obtained declarations consistent with tho…