Expertise

Construction is a risky industry and we help our clients manage their risks to increase profitability.

Our deep knowledge of the markets in Hong Kong and the Asia region is important to our clients. We have a strong track record of offering valuable legal services.

We provide legal services across the entire construction project life cycle from environmental impact assessment, procurement through to contract drafting, tendering, contract administration, completion, industrial summons, and dispute resolution.

Drafting

On the drafting side, we work with all forms of procurement methods, standard form building contracts, and regularly draft and advise on bespoke agreements in accordance with our client’s needs. We also advise on joint venture agreement, private public partnership project, contractor all risks insurance, warranty, bond and other construction related documents.

On the dispute side, we assist our clients to resolve construction related disputes using different forms of dispute resolution mechanisms including amicable settlement negotiation, mediation, arbitration, adjudication and litigation. We also advise our clients on how to avoid or minimize dispute and try to resolve the matter before it becomes a dispute. Common construction disputes involve:

  • Variations
  • Delay, disruption, and acceleration
  • Defective work / design
  • Final account payment
  • Unforeseeable ground conditions
  • Professional liability

Construction disputes resolution is a particular strength of our team. We understand that our clients would want to avoid disputes in so far as possible. Therefore we use our expertise to quickly assess and manage the issue at an early stage. Our objective is to provide early legal advice to avoid or postpone the dispute if possible. If dispute procedure is unavoidable, we will use the most cost effective method to resolve the dispute for our clients. We also advise on health and safety industrial summons.

Disputes

Our Strengths

  • Contractual risk management
  • Dispute avoidance
  • Dispute resolution: negotiation, mediation, adjudication, arbitration and litigation including enforcement
  • Tender and procurement
  • Professional consultancy agreement
  • Professional indemnity
  • Construction contract (standard form and bespoke contract)
  • Joint Venture agreement
  • PPP
  • Contract management and administration
  • Insurance
  • Bond
  • Warranty
  • Health and safety industrial summons
  • Environmental compliance

Recent Experience

Our lawyers’ recent experience includes:

Non-Contentious

  • Kai Tak Sports Park project – Advised the Hong Kong Government on the HKD 32 billion Kai Tak Sports Park project, a 25 year DBO that includes a 50,000 seat sports stadium
  • West Kowloon Cultural District Authority – Advised on various legal issues
  • Insurance company – Advised on the redevelopment of its iconic office building  
  • Casino developer – Advised on the contracts for a US$2.5 billion resort project on the Cotai Strip (Phase 2)
  • Railway project – Advised on all stages of the tender for each of the contract packages for the HK$25 billion project
  • Dubai project – Advised a Chinese contractor in relation to a residential building project in the Middle East
  • Lease – Advised both landlord and tenants on leasing issues

Contentious

  • Site formation project – Represented the Employer in an arbitration concerning disputes arising out of a site formation project
  • Quarry project – Represented the Employer in an arbitration concerning disputes arising out of a rock supply contract
  • Bridge project – Represented the Employer in three major arbitrations in connection with a cable stayed bridge project
  • Adjudication – Represented the Contractor in the first adjudication in Hong Kong under the 2004 voluntary adjudication rules
  • Railway project – Advising a main contractor on a dispute arising out of a high speed railway project
  • Airport project – Represented a main contractor in a successful mediation
  • Piling project – Represented a sub-contractor in relation to a piling dispute concerning the construction of schools
  • Public housing project – Represented the Employer in an arbitration arising out of a piling contract concerning the validity of liquidated damages clause, defects, delay and final account
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