Construction Law Asia

11 December 2014

In this edition:

Pursuing a claim outside the contract

When an employer discovers a building defect, the main contractor's financial position could be such that it would not be worthwhile for the employer to sue. The recent English High Court decision in Sainsbury’s Supermarkets Ltd. v Condek Holdings Ltd. & Ors [2014] EWHC 2016 demonstrates the difficulties with pursuing a non-contracting party based on alternative grounds.
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Can practical completion ever be practically defined?

Judicial interpretation of the term 'practical completion' has settled its academic meaning but how it should apply in practice is far from certain. To avoid disputes, it is important that the parties clearly define 'practical completion' in their contract. The recent English High Court decision in Laing O'Rourke v Healthcare Support (Newcastle) Ltd & Ors [2014] EWHC 2595 (TCC) illustrates the importance of a clear definition.
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First guidance on Hong Kong's new Competition Law - impact on the construction industry

The long-awaited draft guidelines relating to the Competition Ordinance (Cap. 619) were released for public comment on 9 October 2014. We outline the draft guidelines and briefly look at issues of specific concern to the construction industry in Hong Kong.
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2014 Hong Kong Arbitration case round up

There were a number of court decisions in Hong Kong this year which continue to demonstrate the court's non-interventionist pro-arbitration approach. 
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Author(s) Steven Yip, Malcolm Chin, Samuel Cho and Gerald Lam