3 Jan 2007
FALCON BUILDING MATERIALS CO LTD v. FINE VIEW ENGINEERING LTD
- Citation
- FALCON BUILDING MATERIALS CO LTD v. FINE VIEW ENGINEERING LTD
- Court
- District Court
- Case number
- DCCJ5663/2006
The Three Provisions were construed as regulating the timing of payment, not as conditions precedent extinguishing the subcontractor's right to payment; the natural and ordinary meaning required Defendant to pay the 80% balance only after receiving final payment from EMSD and within 45 days of satisfying T&C and EMSD's written acceptance. The TCR dated 26 April 2006 did not amount to EMSD's written acceptance and completion (required documentation remained outstanding) and the Plaintiff failed to prove the Defendant prevented EMSD's payment mechanism. Claim dismissed.