30 Mar 2011
CHEVALIER (CONSTRUCTION) CO LTD v. TAK CHEONG ENGINEERING DEVELOPMENT LTD
- Citation
- CHEVALIER (CONSTRUCTION) CO LTD v. TAK CHEONG ENGINEERING DEVELOPMENT LTD
- Court
- Court of First Instance
- Case number
- HCA153/2008
The plaintiff's termination of the contract on 11 October 2007 was unlawful because the plaintiff failed to prove the contractual grounds and did not comply with Clause 22 notice requirements; by preventing the defendant's workers returning to site the plaintiff repudiated the contract. Nevertheless, after accounting agreed interim payments, wages paid, allowed variation orders, agreed omission deduction, assessed unfinished and substandard works and value of materials left, the net balance due to the plaintiff was HKD 436,403.01; the defendant's counterclaim was dismissed.