11 Mar 2013
ASIA FAITH ENGINEERING LTD v. LAI YUE LAM t/a LAI SHING IRON WORKS AND ANOTHER
- Citation
- ASIA FAITH ENGINEERING LTD v. LAI YUE LAM t/a LAI SHING IRON WORKS AND ANOTHER
- Court
- District Court
- Case number
- DCCJ1904/2011
On the balance of probabilities the 1st defendant breached the Agreement by failing to provide adequate labour causing an unexplained 7‑day delay and by ceasing to perform remedial works from 15 October 2010; the 1st defendant was not in breach regarding engagement of the Site Agent and Quantity Surveyor; the 2nd defendant signed and is liable as guarantor under Clause 7; Clause 3 was construed as a pay-when-paid/back-to-back provision entitling the 1st defendant only to sums actually paid to the plaintiff by Chevalier; gross value of workdone fixed at HK$5,623,000 with specified deductions a…