Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Suspension of works

  • 16 Dec 2016

    IPSON RENOVATION LTD v. THE INCORPORATED OWNERS OF CONNIE TOWERS

    Citation
    IPSON RENOVATION LTD v. THE INCORPORATED OWNERS OF CONNIE TOWERS
    Court
    Court of First Instance
    Case number
    HCCT26/2014

    The IO's instruction to suspend works indefinitely without indicating entitlement to extensions or compensation, combined with the IO's insistence on omitting material items and reducing the contract sum, amounted to a repudiatory breach of the lump sum contract; the contractor validly accepted that repudiation by the 19 July 2013 solicitors' letter and, at latest, by the 13 September 2013 notice of arbitration, terminating the contract and absolving the contractor from obligations to resume; the IO's counterclaim failed.

  • 9 Nov 1999

    WUI FU DEVELOPMENT CO. LTD. v. TAK YUEN CONSTRUCTION CO. LTD.

    Citation
    WUI FU DEVELOPMENT CO. LTD. v. TAK YUEN CONSTRUCTION CO. LTD.
    Court
    Court of First Instance
    Case number
    HCCT40/1998

    The plaintiff's termination was unlawful because the architect was not properly appointed to issue the clause 25 notice, the notice did not specify the pleaded ground, and the defendant had not wholly suspended works but had slowed progress in response to the plaintiff's unjustified withholding of payments; accordingly the plaintiff wrongfully repudiated the contract and the defendant is entitled to damages and interest.