KAWASAKI HEAVY INDUSTRIES LTD V LAING O'ROURKE AUSTRALIA CONSTRUCTION PTY LTD

摘要

The appellant (Kawasaki) and respondent (Laing O'Rourke) were parties to a contract with JKC, the head contractor of a cryogenic tank project (the Subcontract). Under the Subcontract, Kawasaki and Laing O'Rourke jointly and severally agreed to provide project services to JKC. The Subcontract also required Kawasaki and Laing O'Rourke to provide performance bonds and advance payment bonds to JKC. Kawasaki and Laing O'Rourke entered a Consortium Agreement to regulate their obligations under the Subcontract. The Consortium Agreement outlined the scope of work each party was responsible for under the Subcontract (the Consortium Agreement). By clause 14 of the Consortium Agreement: Kawasaki agreed to take responsibility for providing the performance bonds and advance payment bonds which were required under the Subcontract to JKC, and Laing O'Rourke agreed to provide surety bonds to Kawasaki.