Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Scope of contract
  • 20 Apr 2023

    JOHNSON CONTROLS HONG KONG LTD v. WANGLE ENGINEERING LTD

    Citation
    [2023] HKCA 568
    Court
    Court of Appeal
    Case number
    CACV454/2021

    The Court held the contract was not an all‑inclusive lump sum; the contract scope was defined by the 2nd Quotation and LOI including specific exclusions and limits (eg cutoff dates, capped testing/commissioning man‑days, payment structure tied to FSD inspection). Interim payments certified by the plaintiff's project manager and subsequent payments supported the factual finding that the defendant had completed contract works by 3 September 2015. Work performed after that date was properly found to be variations entitling defendant to the VOs and materials claims; plaintiff failed to prove enti…