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Construction

Construction is complicated. Not only does it involve the interrelationships between the employer, architect and contractor / sub-contractors, factors such as design changes, delays incurred in obtaining approvals from the authorities, unforeseen ground conditions and dispute resolution mechanisms can also have a profound impact on a construction project. However, these issues have often been overlooked at the tender stage due to time pressure and insufficient resources being allocated for contract review. 

An ounce of prevention is better than a pound of cure. Therefore, it is advisable to have your legal advisors on board early to identify and assess the potential risks involved in a construction project and price the contract accurately. This will certainly help eliminate the problems, avoid disputes and achieve cost-savings in the long run.

Given the complexity of a construction project, disputes between contractors and developers arising out of poor workmanship, performance, failure to make payments and delays are very common.

Construction disputes can be time-consuming and costly.  An experienced legal team in construction can provide high quality and cost-effective advice in resolving construction disputes.

Echoing with ONC’s philosophy “solutions • not complications”, our construction and arbitration team adopts a pragmatic approach in assisting developers, contractors, sub-contractors, consultants and suppliers to resolve construction disputes. Our objective is to provide sensible solutions to our clients to avoid lengthy and costly legal proceedings.

ONC Lawyers has extensive experience in advising on the full life cycle of a construction project, including contract negotiations and management of claims and disputes for projects in Hong Kong and Overseas.

The works handled by our construction lawyers include:-

Front-end construction

  • An international data centre operator on the construction and development of its data centre in Tseung Kwan O Industrial Estate.
  • A major PRC telecom operator giant on the construction of a global solution management centre.
  • A leading international information technological company on land use rights, environmental regulations and construction issue regarding its proposed establishment of data centre in Hong Kong.
  • An international charity organisation on the construction and development of its new headquarters in Hong Kong.
  • A Hong Kong entertainment group on risks control and review of its standard construction contract.
  • A major PRC design and engineering firm on the risks control and propose suggested amendments to the conditions of contracts involving power station in Hong Kong.

Construction disputes

  • A joint venture between a major international contractor and an international environmental services company in its multi-billion mediation and arbitration against the Hong Kong Government relating to the construction and operation of one of the world’s largest waste management facilities in Hong Kong.
  • Hong Kong developer in its HK$200 million dollars residential development in Hong Kong and the relating court proceedings and expert determination.
  • A Hong Kong company in an arbitration concerning the shareholders dispute and management of a landmark infrastructure of Nanjing.
  • A Hong Kong Government in an arbitration concerning the design of a bridge in Hong Kong.
  • A Chinese EPC Contractor in its US$700 million ICC arbitration against an international employer and defending cross claim in relation to the construction of an energy plant in Central America.
  • A leading design consultancy in China in its arbitration concerning the design and construction of a major financial district project in India.
  • A Japanese contractor in an arbitration relating to a major transportation interchange in Dubai.
  • An Australian contractor in an arbitration relating to the North Luzon Expressway, a major highway of the Philippines.
  • An American information technology corporation in a Hong Kong High Court action in respect of the transport information system in Hong Kong.
  • An Australian engineering firm in a dispute in relation to variations, omission of work in a railway project in Hong Kong.

 

If you would like to know more about our construction practice or how we can help your business, please contact us at (852) 2810 1212 or at construction@onc.hk.

Please refer to our articles in ‘Knowledge’

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