Hong Kong

A paper given to the Society of Construction Law Hong Kong on 5 November 2002

The author considers the circumstances in which damages may be liquidated, and the advantages and disadvantages to both Employer and Contractor of doing so, noting that Contractors' delay losses are rarely liquidated. The paper goes on to review the modern approach of the Courts to penalty arguments, and issues arising from concurrent delay with reference to the (UK) SCL disruption protocol of October 2002.

A paper given to the Society of Construction Law Hong Kong on 18 March 2003

A paper given to the Society of Construction Law Hong Kong on 10 September 2003

As a member of the World Trade Organisation, Hong Kong acceded to the Agreement on Government Procurement (GPA) in May 1997.

A paper given to the Society of Construction Law Hong Kong on 24 February 2004

In 2003, the Town Planning Board ("the Board") decided to submit to the Chief Executive plans for further reclamation of the harbour. In an application for judicial review, Madame Justice Chu quashed those decisions. In its judgment in The Town Planning Board v Society for the Protection of the Harbour Ltd [2004] HKCFA 5, the Court of Final Appeal unanimously confirmed Madame Justice Chu's decision.

A paper given to the Society of Construction Law Hong Kong in Hong Kong on 20 April 2004

The Final Report on Civil Justice Reform was released on 3 March 2004. It set out 150 recommendations for reforms to the civil justice system. Many of the Final Report's recommendations are not specific to the Construction and Arbitration List ("the List"), but apply to the handling of cases generally.

A paper given to the Society of Construction Law Hong Kong on 22 September 2004

The question of whether contractors are entitled to payment of prolongation costs as part of the valuation of variations giving rise to the prolongation, or simply to the cost of prolongation has been much debated. In this panel debate, three leading quantity surveyors, each with many years' experience in Hong Kong, gave their views on the matter.

A paper given to the Society of Construction Law Hong Kong on 18 October 2004

Although estoppel is one of the older legal concepts, the doctrine remains fraught with uncertainty. The author discusses the bases of a unified theory of estoppel.

A paper given to the Society of Construction Law Hong Kong on 17 November 2004

A paper given to the Society of Construction Law Hong Kong on 25 May 2005

In 2005, the General Conditions of Contract for Building Works – Private Edition (2005) (the New Standard Form) was published, replacing the 1986 version which was based on JCT 1963.

The author highlights some of the more interesting sub-clauses from the New Standard Form.

Introduction – General Overview – Points for the Contractor to Note.

A paper given to the Society of Construction Law Hong Kong on 28 September 2005

The meaning of "damage", and what constitutes damage for Contract Works Insurance claims have generated much litigation, both within the field of construction law and outside it.

The author examines various cases to identify an appropriate test for a working definition of "damage", highlighting the distinction between damages and defects and considering the standard defect exclusion wordings produced by the London market.