A paper given to members of the Society of Construction Law Hong Kong on 20 September 2000
The author considers three leading articles on categories and causes of construction disputes, the possibility of a new Construction Law, and the allocation of risk as a backdrop to suggesting ways in which some of the more common problems might be avoided.
While recognising that the involvement of lawyers at every turn throughout the process may not be desirable, the paper advocates a greater role for lawyers in reviewing contract documentation at the outset. The author considers the advantages this may bring generally, and in particular: in relation to the common practice of binding in post-tender correspondence, with all its attendant pitfalls; in identifying where different words may have been used for the same purpose; and in how works may be divided into sections or stages with possibly unintended results.
Introduction: some recent articles - benefits of greater legal review of contract documents - possible pitfalls in binding post-tender correspondence into the Contract - need for internal consistency in Contract provisions - the logic of the division of works into sections and liquidated damages.
The author: Gladys Li was called to the bar in England and Wales in 1997, and in Hong Kong in 1978. She is a Senior Counsel.