17 Feb 2023
SZE FUNG ENGINEERING LTD v. TREVI CONSTRUCTION CO LTD
- Citation
- [2023] HKCFI 419
- Court
- Court of First Instance
- Case number
- HCCT51/2019
Item 18 of the Quotation was unambiguous and established a back-to-back/pay-when-paid term: SF's entitlement to payment was conditional on Trevi receiving payment from Leighton/CLP and Trevi would release payment to SF within three days of receipt. Clause 18 of the Subcontract was not incorporated by reference. Consequently SF is not entitled to payment for works, variations or other claims unless Leighton certified and paid those amounts to Trevi; most of SF's claims were therefore dismissed except agreed items and amounts allowed by the court.