建築合約法問題

此為呀sir 出的一條小情景題

Problem scenario

A written agreement between John and Peter (the Agreement), John agreed to

construct a bungalow for Peter in the sum of HK$1.0 million. John was also

agreed to complete the building by 30 June 2012.

Despite repeated warning notices, John could not complete the building 1 month

after the original contract completion date. On 30 July 2012, Peter wrote to John

that should John be unable to complete the works by 15 August 2012, he would

terminate the Agreement without further notice. On 16 August 2012, John had not completed the work and therefore Peter terminated the Agreement and had engaged other to complete the remaining work in an extra sum ofHK$0.15 million.

John warned that unless Peter settled full payment to him, his workers would

enter the site and not allow other to carry out the remaining work.

Since Peter was not able to deliver the bungalow to his buyer on time, he had to make compensation to the buyer in the sum ofHK$0.2 million.

Advise and explain Peter as to:

1)Whether he can terminate the Agreement if the Agreement has liquidated

damages andextension oftime clauses?

2)Whether he can claim the extra sum and the compensation as remedies in common law from John?

3)What action(s) he can take to prevent John's workers from entering the site?

更新:

1)Whether he can terminate the Agreement if the Agreement has liquidated damages

and extension of time clauses?

1 個解答

評分
  • 7 年前
    最愛解答

    1. yes

    2. of course but probably capped by liquidated damages

    3. call the police

    Find a good lawyer at www.easylaw.com.hk

    http://113.52.135.89/lawyer/

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