The Plaintiff contracted to transport and lay riprap (2017) Hu 72 Min Chu No.1798 make a breakwater or seawall) for the Defendants as part of a construction project. The riprap was to arrive at the relevant area on large ships, and the Plaintiff agreed to (loose stone used to discharge the riprap by crane onto lightering barges and then bring it to the construction site. The Defendants chartered five ships to bring the riprap to the relevant area. When the time came for the first bi-monthly instalment payment to the Plaintiff, the Defendants delayed payment, saying that they would deduct any demurrage that they had to pay to the owners of the carrying ships as a result of slow discharge by the Plaintiff. After a disagreement between the Plaintiff and the Second Defendant (the legal representative and sole shareholder of the First Defendant), it was eventually agreed that some of the outstanding sum would be paid to the Plaintiff by a non-party (the head contractor of the project).

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HUA Xuhui v. Nantong Shanlin Building Materials Co., Ltd. et al.

  • Martin Davies,
  • Jiang Lin

摘要

The Plaintiff contracted to transport and lay riprap (2017) Hu 72 Min Chu No.1798 make a breakwater or seawall) for the Defendants as part of a construction project. The riprap was to arrive at the relevant area on large ships, and the Plaintiff agreed to (loose stone used to discharge the riprap by crane onto lightering barges and then bring it to the construction site. The Defendants chartered five ships to bring the riprap to the relevant area. When the time came for the first bi-monthly instalment payment to the Plaintiff, the Defendants delayed payment, saying that they would deduct any demurrage that they had to pay to the owners of the carrying ships as a result of slow discharge by the Plaintiff. After a disagreement between the Plaintiff and the Second Defendant (the legal representative and sole shareholder of the First Defendant), it was eventually agreed that some of the outstanding sum would be paid to the Plaintiff by a non-party (the head contractor of the project).