Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rectification of defects

  • 9 Jun 2023

    DAI TIM KEUNG v. HO WING KEUNG

    Citation
    [2023] HKDC 577
    Court
    District Court
    Case number
    DCCJ5016/2018

    The court found the plaintiff committed the repudiatory breach by issuing an unreasonable ultimatum demanding itemised quotations without finalised designs and thereby terminated the contract; plaintiff's loss of rental claim was dismissed; the defendant was entitled to quantum meruit for completed work valued at HK$480,300 less payments of HK$400,000, yielding a counterclaim of HK$80,300, with interest from 16 March 2018 and costs to defendant to be taxed. The court applied a broad‑brush, common‑sense valuation using expert joint reports and midpoint assessments where appropriate.

  • 1 Dec 2003

    LAW CHI SHUN t/a TECHNICOM ENGINEERING CO v. GUARDIAN FIRE ENGINEERS & CONSULTANTS LTD

    Citation
    LAW CHI SHUN t/a TECHNICOM ENGINEERING CO v. GUARDIAN FIRE ENGINEERS & CONSULTANTS LTD
    Court
    Court of First Instance
    Case number
    HCCT95/2001

    The court held that items 5(g) and 5(l) of the 18 March 1998 letter did not form part of the TOP1 contract; on VO2 a 20% fatigue factor applies reducing the overtime entitlement to $1,561,280 after deduction, supervisor overtime at higher rates was allowed but meal/travel allowances disallowed; on sprinkler works Technicom is entitled to the higher $450/unit rate but Guardian succeeded on proven duplications which reduce the payable quantity; VO4/20/23 for high‑level lobby works are additional and allowed; VO30 fire hydrant claim was disallowed as included in original contract; materials supp…

  • 29 Jan 2001

    BMB DESIGN CONSULTANT CO. LTD. v. GLORY KING CONTRACTING LTD.

    Citation
    BMB DESIGN CONSULTANT CO. LTD. v. GLORY KING CONTRACTING LTD.
    Court
    Court of First Instance
    Case number
    HCA14474/1996

    The court accepted that the quoted contract sum and certain payment terms were acted upon and therefore payable; there was no concluded agreement on a 12-month defect liability period so a reasonable implied period of three months applied; Lawson's assessment supported limited awards for overtime ($192,000) and additional works ($27,806); the defendant failed to prove the claimed remediation costs and loss of goodwill on the balance of probabilities; the Kingswood mock-up was a joint venture and costs are to be shared, resulting in judgment for the plaintiff for $1,169,294.75, dismissal of th…