Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mock-up approval

  • 6 Dec 2012

    NEWELL CURTAIN WALL & ENGINEERING CO LTD v. SUNYARDS ENGINEERING LTD

    Citation
    NEWELL CURTAIN WALL & ENGINEERING CO LTD v. SUNYARDS ENGINEERING LTD
    Court
    Court of First Instance
    Case number
    HCCT55/2010

    Clause 6 of the Letter of Acceptance constituted a condition precedent: the subcontract did not become effective until mock-up approval by the Architect and Po Lin Monastery. No such approval was given because the mock-ups and required tests did not comply with contractual and Building Department requirements; the defendant was principally at fault for failing to prepare adequate fabrication shop drawings, to undertake required testing and to maintain quality control. Consequently the subcontract never took effect and the plaintiff is entitled to restitution of advance payments. Judgment ente…

  • 6 Dec 2012

    SUNYARDS ENGINEERING LTD v. NEWELL CURTAIN WALL & ENGINEERING CO LTD

    Citation
    SUNYARDS ENGINEERING LTD v. NEWELL CURTAIN WALL & ENGINEERING CO LTD
    Court
    Court of First Instance
    Case number
    HCA1361/2010

    Clause 6 of the letter of acceptance established a condition precedent that the subcontract would only become effective upon mock‑up approval by the Architect and Po Lin Monastery; the mock‑up was not approved, the defendant failed to comply with contractual obligations (notably fabrication drawings, quality control and required testing) and was principally to blame for the failure to obtain approval; accordingly no fully operative subcontract obligations arose and the plaintiff is entitled to restitution of advance payments in the sum net HK$987,825.29; the defendant's counterclaim is dismis…