Construction contract

We advise clients on a wide variety of property developments and infrastructure projects. Clients we serve include developers, banks and other funding institutions, consultants, main contractors, sub-contractors, suppliers etc. Projects range wide, from power stations, railways, roads and other infrastructure projects, to offices, hotels, casinos, shopping malls and residential developments, as well as industrial and factory development projects. We have extended our professional services from Hong Kong into a regional context, covering the PRC, the Asia Pacific region, Africa and others.

Serving our clients with extensive legal services from inception to completion of a project, our team members possess various professional qualifications and construction-related work experience, and have a thorough understanding of the full spectrum of issues which may arise in a construction project. Some of our lawyers and trainee solicitors are qualified surveyors with membership of various professional organizations in the construction industry including the Hong Kong Institute of Surveyors, Chartered Institute of Arbitrators, Royal Institution of Chartered Surveyors etc. Besides, we have lawyers, trainee solicitors and paralegals who are also arbitrators, mediators, adjudicators and PRC lawyers.

Apart from possessing an in-depth knowledge of construction law, our lawyers have experience in dealing with matters within the ambit of commercial law. We keep abreast of the recent development of the construction industry. Where there is change in the relevant law, we provide analysis to our clients and assess the potential impacts on our clients’ businesses.

We understand our clients’ desire to avoid disputes. When drafting and preparing construction contract documents, we include effective dispute resolution methods and procedures. Throughout the course of project development, we advise clients in respect of construction of contract conditions and clauses, dispute avoidance, mitigation of losses etc. In addition, we provide expert guidance on risk management, for example, on how clients should effectively deal with contract documents so as to protect their interests when a dispute eventuates.

Our scope of services in this practice area mainly includes:

1. drafting and preparing the following contract documents:
● tenders and letters of intent;
● main contracts and sub-contracts etc, based on standard form contracts commonly used in Hong Kong, such as RICS and Joint Contracts Committee (JCC) (HKIA, HKIS & HKICM), or the international standard form contracts, such as JCT, FIDIC, ICE and NEC, or non-standard contracts based on the requirements of the project and clients;
● partnership agreements and joint venture agreements;
● ancillary guarantees, warranties and performance bonds;
● insurance documents; and
● contracts for appointment of consultants etc.
(Collectively “Contract Documents”)

2. assisting clients in negotiating the Contract Documents; and

3. advising and assessing risks in respect of the Contract Documents from inception to completion of a project