29 Jun 2020
CHEVALIER (ALUMINIUM ENGINEERING) HONG KONG LTD v. SUN PROPERTIES CO LTD
- Citation
- [2020] HKCFI 1313
- Court
- Court of First Instance
- Case number
- HCCT63/2017
The Direct Payment Agreement, if any, was supplemental to and subject to the Main Contract and Sub-Contract; the Sub-Contract special provisions (notably clause 10.05 SP excluding any monetary claim for omissions and the amended clause 28 excluding additional payment for extensions of time) precluded the Contractor's claims for omitted works, abortive design costs and prolongation costs; there was no proved Agreed Final Account; consequently the Plaintiff's claims were dismissed and the Defendant's counterclaim for overpayment was allowed.