Brian Liu

Senior Associate

I am an associate in the Projects, Infrastructure & Construction group of MinterEllison. My construction practice includes arbitrations, litigations and compliance work. I have experience acting for various private employers, government bodies and contractors. I have also been involved in various commercial transactions and corporate advisory matters.

I have experience across dispute resolution and litigation generally, with a particular focus in construction.  My construction arbitration experience includes both pursuing and defending claims for delay / disruption, defects, loss of profits and outstanding works, among other things.  Apart from dispute resolution, I am often involved in contract drafting and advisory work.  My work has also included advising on Hong Kong competition law.

Career Highlights

Construction Contentious Experience

  • Acted for a sub-contractor in a sub-sub-contract dispute involving back-to-back and pay-when-paid clauses, with the disputed sum up to HK$7 million.
  • Acted for an employer, a Hong Kong government body, in successfully defending a claim by its main contractor for extension of time and loss and expense of up to HK$71 million.
  • Acted for HKEx-listed main contractors in defending High Court actions relating to copyright infringement in engineering drawings.
  • Acted for an involved party in the Commission of Inquiry into the Construction Works at and near the Hung Hom Station Extension under the Shatin to Central Link Project.
  • Acted for an overseas DBO contractor in its multi-billion dollar arbitration against the Hong Kong government arising from the design, construction and operation of a waste management plant.

Construction Non-contentious Experience

  • Advised various developers, contractors and statutory bodies on contractual drafting issues, including advice on works contracts and JV agreements.
  • Advised a major contractor in Hong Kong on competition law concerns raised by frontline staff throughout the organisation.
  • Prepared and presented competition law training materials for various parties in the construction industry, including contractors and trade associations, as well as for major multinational enterprises in other sectors.

Other Experience

  • Acted for a construction industry regulator in prosecuting summonses in the Magistrates’ Court.
  • Advised various Hong Kong and multinational organisations on employment related matters including benefits and leave entitlements, termination and secondment.