7 Sept 1998
WO HING ENGINEERING LTD. v. PEKKO ENGINEERS LTD.
- Citation
- WO HING ENGINEERING LTD. v. PEKKO ENGINEERS LTD.
- Court
- Court of First Instance
- Case number
- HCA5561/1996
On the balance of probabilities the court found plaintiff's sub-standard workmanship was a significant cause of the dripping defects, which prevented issuance of a practical completion certificate; therefore retention and the withheld 50% of variation works under the Ming Pao agreement were not payable. The Modification Contract was separate with clear written payment terms (50% deposit, remainder within 30 days after completion) so plaintiff was entitled to HK$17,500. The "back to back" wording in the H.K. Shipyard and YCK contracts was not sufficiently clear to create a condition precedent…