Construction Law Asia

April 2012

In this edition

Is proceeding with work 'regularly and diligently' an implied term?

In a recent English decision Leander Construction Limited v Mulalley and Company Limited, the Technology and Construction Court considered whether an obligation on the sub-contractor to proceed with the works 'regularly and diligently'.

Does non-payment constitute repudiation? The debate continues…

The debate over whether non-payment constitutes a repudiation of a contract, which would entitle the contractor/sub-contractors to suspend works, is unending. The question was again brought before the court recently in Unison Projects Company Limited v AHL Design Workshop Limited.

How and when to draft an effective letters of intent

In the construction industry, letters of intent are used for almost all types of projects. Although used widely in Hong Kong and elsewhere, there is no standard form of letter of intent, unlike the many standard forms of formal contracts in use. We revisit below some matters which should be borne in mind when choosing to proceed with work and when drafting a letter of intent.

Legal advice privilege denied to claims consultants

The High Court has held in Walter Lilly & Company Ltd v Mackay and another that advice or documents prepared by claims consultants does not attract legal advice privilege despite the fact that the consultants providing the advice were qualified legal professionals.