Construction Disputes

Construction Disputes

Construction, Engineering & Infrastructure Disputes

Our team has decades of experience in advising and representing clients in respect of construction and engineering disputes involving claims for loss and expense, delay and claims for variations in litigation and arbitration proceedings throughout the Australasia region. This includes extensive experience acting for Governments and professionals in construction claims.

Examples of our experience include:
  • Advising a contractor in claims against an owner of commercial premises for loss and expense
  • Acting for a Hong Kong listed company in relation to disputes concerning the construction of an iron ore mining facility in Malaysia
  • Representing the Hong Kong Government in relation to reclamation works (Central Reclamation Phase III) which involved numerous claims by the joint venture contractor including issues with the Central-Wanchai by-pass
  • Advising the employer against an international joint venture tunneling contractor in relation to claims arising out of the construction of underground sewerage tunnels (SSDS project), a case that spawned several weeks of liability and quantum hearings, as well as acting for one of the subsequent replacement contractors
  • Representing a main contractor in relation to arbitration proceedings brought against the Government of Hong Kong arising out of the construction of a major hospital
  • Advising a joint venture contractor in relation to complex arbitration proceedings brought against a designer for negligent bridge design
  • Representing the Hong Kong Government in relation to court proceedings arising out of the construction of reclamation works in Victoria Harbour (Central Reclamation Phase I), which encompassed complex property and contractual agreements, cross border issues, technical, geotechnical and engineering issues and land premium issues
  • Representing professional services organisations in the construction industry including designers, architects, engineers and insurers including, in relation to arbitration proceedings arising out of foundation piling defects in a number of high-rise residential towers in the New Territories

Phillip has appeared as lead advocate in a wide range of construction related disputes, mostly in arbitration proceedings but also in court, including:

Phillip contributed the chapter “Construction Arbitration in Hong Kong: A Practical Guide”, published by Wolters Kluwer CCH in 2015, dealing with all aspects of construction arbitration in Hong Kong including the nature, history and all features of construction arbitration.

A selection of our published articles can be found here:

Re-measurement clause considered by the High Court: Chan Chi Lam v Lam Woo & Co Ltd [2017] HKCFI 421 (click here for the full case)

Design & Build Design Liability: MT Højgaard A/S v E.ON Climate & Renewables & Ors [2017] UKSC 59 (click here for the full case)

Caution when suspending contract works and seeking to reduce the scope and price of works: Ipson Renovation Ltd v The Incorporated Owners of Connie Towers [2016] HKCFI 2117 (click here for the full case)

Lessons in Complex Construction Litigation: Chun Wo Building v Metta Resources Ltd [2016] HKCFI 1357 (click here for the full case)