2 Jun 2008
UDL ARGOS ENGINEERING & HEAVY INDUSTRIES CO LTD v. YAU LEE CONSTRUCTION CO LTD
- Citation
- UDL ARGOS ENGINEERING & HEAVY INDUSTRIES CO LTD v. YAU LEE CONSTRUCTION CO LTD
- Court
- Court of First Instance
- Case number
- HCCT3/2008
The court held the arbitrator did not err in law or jurisdiction: he properly construed the subcontract in light of the Preamble and industry practice to permit re-measurement of items described as provisional in Bill 9.5 and adjustment of the lump sum; his discretionary reduction of interest for a period of unreasonable delay was within bounds of his discretion; and he was entitled to find the parties had by conduct waived the strict application of ACP Rule 18 such that the Calderbank/without prejudice save as to costs letter could be considered for costs, leading to UDL bearing costs from 2…