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Hong Kong Construction Industry

BCLP

HK Security of Payment Bill: Government Responds to Submissions from the Public

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The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo...more

BCLP

HK Security of Payment Bill: An Insolvency Exception to Ban Against “Pay When Paid” Clauses?

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On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the Bill from deputations sent...more

BCLP

HK Government Responds to 19 June Letter From Legco in-house Lawyer Regarding the Security of Payment Bill

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Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to...more

BCLP

Comments from HK LegCo Members Regarding the Security of Payment Bill

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On 21 June 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to discuss various policy concerns of the Bill....more

BCLP

Confronting and Mitigating Against Corruption

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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

BCLP

HK High Court Refuses Leave to Appeal Against Interim Measures

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In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on a bond in relation to a...more

BCLP

Changes in the Payment and Adjudication Processes Regarding Variations and Time-related Disputes

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In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more

BCLP

Key Developments and Changes in Comparison With the Existing Contractual Security of Payment Regime: Construction Industry...

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In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more

BCLP

LegCo In-house Lawyers Request Clarifications Regarding the Security of Payment Bill

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On 19 June 2024, the Legal Service Division of the LegCo wrote a letter to the Development Bureau seeking to clarify certain matters in the Construction Industry Security of Payment Bill (“Bill”). The Legal Service...more

BCLP

Bills Committee Formed to Review Hong Kong Security of Payment Bill

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We explored in our earlier Insight Hong Kong Security of Payment Bill gazetted the key provisions of the long-anticipated Construction Industry Security of Payment Bill (“Bill”) which was gazetted on 17 May 2024....more

BCLP

Hong Kong Security of Payment Bill Gazetted

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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

Latham & Watkins LLP

Hong Kong Court Resolves Conflicting Authority on Trust Claims

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This resolution is important for contractors’ rights to retention monies in construction contracts. The Hong Kong Court of First Instance (CFI) held in a recent judgment that, whilst the absence of segregation is not...more

BCLP

NEC ECC Hong Kong Edition: 5 Key Features

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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

Hogan Lovells

Insolvency and construction in Hong Kong – building in the uncertainties

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According to a recent report, nearly 6,000 construction companies in the UK are in danger of going out of business. In Hong Kong, a major contractor has lost its licence and was removed from the government's registered list...more

BCLP

Hong Kong Court of Appeal decision on cartel fines imposed on entities within the same undertaking

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Competition Commission v W. Hing Construction & others [2022] HKCA 786 (judgment date: 2 June 2022) concerned an appeal from the first Hong Kong judgments concerning pecuniary penalties for contraventions of competition...more

BCLP

The new security of payment regime in Hong Kong – key issues to consider before its implementation

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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

White & Case LLP

Time bar notices: specifying the contractual basis of claim

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Can a valid claim notice issued, on time, referring to one contractual basis, be relied upon where a claim is ultimately pursued on a different ground? In the first authoritative case to consider this issue, the Hong Kong...more

White & Case LLP

Compelling the performance of construction works

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Courts and arbitral tribunals in many jurisdictions have the power to order contractors to perform building works - to order "specific performance" of a construction contract.  But these powers are rarely exercised.  A recent...more

BCLP

HK Court confirms narrow scope of defence available to proprietors under the Factories and Industrial Undertakings Ordinance

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In HKSAR v Gammon Construction Limited (HCMA 97/2019) [2020] HKCA 752 (Date of Judgment: 7 September 2020), the Hong Kong Court of Appeal (the “Court”) dismissed a magistracy appeal against the conviction of a principal...more

Robins Kaplan LLP

Financial Daily Dose 12.03.2019 | Top Story: US Threatens Tariffs on French Goods Over New Digital Services Tax

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Because who wants a nice quiet December, right? Yesterday, the U.S. opened yet another trade war front by proposing retaliatory tariffs of up to 100% on a wide range of French imports after announcing that “it found France’s...more

Hogan Lovells

Summary of principles from recent NEC cases

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As a market leading construction team with extensive experience in the NEC suite, Hogan Lovells has prepared a summary of principles from recent case law on NEC that may impact upon the construction industry. ...more

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