Professional Negligence: The Changing Coastline of Liability
A paper given to the Society of Construction Law Hong Kong on 30 March 2000
Hong Kong
The Drafting of the New Agreement and Schedule of General Conditions of Building Contract for use in Hong Kong: Some of the major differences from the contract in current use
A paper given to the Society of Construction Law Hong Kong on 13 June 2000
In April 2005, the Joint Contracts Committee published the New Agreement and Schedule of General Conditions of Building Contract (the New Standard Form) for use in Hong Kong.
The author provides some background, part way through the drafting process, to the New Standard Form, and reviews the major differences between the New Standard Form and its predecessor.
Towards Speedier Settlement
A paper given to the Society of Construction Law Hong Kong on 20 September 2000
The paper reviews the complexities of the relationship between client and contractor in the construction industry, and their particular impact on the Hong Kong Housing Authority, which procures two out of every three new residential units built in Hong Kong each year. The volume of residential units, coupled with a need for speed and an out-moded public sector procurement process, have previously led to disputes and poor construction quality.
Constructing & Construing Building Contracts
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.
Expert Evidence
A paper given to the Society of Construction Law Hong Kong on 20 November 2000
Expert evidence plays an important role in informing an arbitral tribunal. It imparts to the tribunal new knowledge and assists in the assessment of other evidence. Expert evidence also helps the parties in identifying the nature and extent of any evidential gaps between them.
The Report of The Construction Industry Review Committee ("The Tang Report")
A paper given to the Society of Construction Law Hong Kong on 5 June 2001
In early 2001, the Construction Industry Review Committee issued its report "Construct for Excellence" calling for radical improvements in the delivery of construction projects in Hong Kong, with a total of 109 recommendations.
The author looks at the background to the Report, and the underlying problems facing the Hong Kong construction industry before addressing some of the key recommendations, notably in relation to risk management, quality, value and site supervision.
Termination For Convenience
A paper provided to the Society of Construction Law Hong Kong in respect of a talk scheduled for 15 November 2001 that was cancelled
The author discusses termination for convenience clauses, and some of the issues that such clauses give rise to; and in particular looks at the circumstances in which the clause can be utilized, and the financial consequences.
Australasian Developments In Construction Law Affecting Hong Kong
A paper given to members of the Society of Construction Law Hong Kong on 11 April 2002
The author discusses the meaning of "common law" referred to in Article 8 of the Basic Law, and its application in Hong Kong after 1997.
Relationship: Partnering, Alliancing and Other Affairs
A paper given to the Society of Construction Law Hong Kong on 7 May 2002
CPR English Court Reforms - Their Impact on Construction Disputes: Lessons for Hong Kong
A paper given to the Society of Construction Law Hong Kong on 13 June 2002
In February 2000, Hong Kong's Chief Justice appointed a Working Party to review and recommend changes to the civil rules and procedures of the High Court. In November 2001, the Working Party published its Interim Report and Consultation Paper, recommending that Hong Kong adopt a system based on the Civil Procedure Rules ("CPR") of the English Courts.