Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more
7/18/2024
/ Bribery ,
Civil Liability ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Corruption ,
Criminal Liability ,
Financial Crimes ,
Fraud ,
Hong Kong ,
Saudi Arabia ,
Serious Fraud Office (SFO) ,
Singapore ,
Surveys ,
UK ,
UK Bribery Act ,
United Arab Emirates (UAE) ,
White Collar Crimes
The long-anticipated Construction Industry Security of Payment Bill (“Bill”) was gazetted on 17 May 2024 and was introduced into LegCo for its first reading on 29 May 2024. The Bill aims to establish a legislative framework...more
The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”). ...more
An article about offshore wind projects and some of the unique issues specific to the delivery of this type of project that are not typically addressed by existing standard form contracts.
Originally published in PLC...more
3/8/2024
/ Auction ,
Clean Energy ,
Electricity ,
Energy Projects ,
Energy Sector ,
EPC Contractor ,
Japan ,
Offshore Wind ,
Renewable Energy ,
Taiwan ,
Wind Power
As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more
2/23/2023
/ Breach of Duty ,
Construction Contracts ,
Contract Terms ,
Court of Justice of the European Union (CJEU) ,
Energy Sector ,
EU ,
Force Majeure Clause ,
Green Energy ,
Judicial Review ,
Nuisance ,
Patent Infringement ,
Patents ,
Scotland ,
Solar Energy ,
UK ,
Utilities Sector ,
Wind Power
With the Hong Kong Development Bureau’s (DevB) contractual security of payment regime coming into effect from 31 December 2021 (the SOP regime), we now examine some important challenges which facing the Hong Kong construction...more
On 5 October 2021, the Development Bureau (DevB) published the Technical Circular (Works) No.6/2021 for the implementation of security of payment provisions in public work contracts (Circular).
The Circular promulgates a...more
As the old saying holds, cash-flow is the life blood of the construction industry.
In 2021, Hong Kong looks set to join Singapore, Australia and other jurisdictions in implementing a Security of Payment regime to...more
While the Trump Administration ended with a continuing flurry of activity affecting U.S. sanctions and export controls, with several actions affecting parties in China and Hong Kong, the Biden Administration is taking a...more
Updates to NEC4 optional clause X22 – Early Contractor Involvement and its suitability for use in HK, Singapore and elsewhere in Asia. In October 2020, NEC issued amendments to the NEC4 suite. ...more
Following our recent Client Alert published in October 2020 on the release of the Section 5(a) Report under the Hong Kong Autonomy Act of 2020 (“HKAA”), there have now been some further updates in relation to U.S. sanctions...more
12/18/2020
/ China ,
Department of Defense (DOD) ,
Economic Sanctions ,
Executive Orders ,
Foreign Financial Institutions (FFI) ,
Foreign Official ,
Hong Kong ,
Military Contracts ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Trump Administration
This year’s Policy Address was delivered today (25th November 2020) amidst the backdrop of a changing and dynamic environment. The Chief Executive (“CE”) has set out a variety of key initiatives to address the city’s land and...more
This article reminds us how the manner in which the World Bank provides loans to developing market jurisdictions may restrict the ability of project companies to raise funds in the international infrastructure and project...more
From its inception on 8 August 2017, the Build, Own, Operate and Transfer (“BOOT”) scheme (the “BOOT Project Model”) has often been cited as a significant barrier to developing renewables in Indonesia, alongside the tariff...more
Over the last 10 years, we have seen renewable energy become more mainstream whereby, depending on the country and a host of different factors, it has been responsible for a much higher proportion of electrical power...more
A month after our last article - Vietnam Wind - A look ahead to 2019 - was published, Circular 02/2019/TT-BCT (Circular 02) came into effect. Attached to Circular 02 is a new PPA (2019 PPA) for wind farm projects to be used...more
While there are concerns over the support structure and PPA, market interest has been strong and (onshore) wind projects are getting built.
Although projects may not be moving forward on a traditional international project...more