Four days in court for a sub-sub-contractor: some easy lessons
Authors
Citation
Asian Architect & Contractor, v.29, no.4, 2000, pp. 49-50
Abstract
Sometimes it is said that everyone is entitled to his or her day in court. Practice though is quite different and many, due to costs, delays and other reasons, do not make it. This month, in the first of a series of regular contributions, Professor Arthur Mclnnis looks at a quiet case where the the wait for one party paid off.
(1) Facts
(2) Sun Kai's claims
(a) Lesson 1: raise inconsistent defences at your peril.
(b) Tileman's defences to loss and damages
(c) Dismissing the defences
(I) The retention claim
(ii) Loss and damages
(iii) Lesson 2: sign complete contracts
(iv) Lesson 3: it pays to co-operate
(v) Lesson 4: don't pretend your contracts are back to back if they are not
(vi) Lesson 5: there is no free lunch.
(3) Summing up
(4) Correction
Description
Subject
Type
Article
Format
Date
2000
Language
en