My experience covers advising on disputes in mediation, arbitration and court litigation relating to variation, delay, disruption, extension of time, prolongation and defect in building and civil contracts spanning over a wide range of projects including commercial and residential buildings, road works, bridges, reservoirs, schools and hospitals. Clients represented include government, developers, main contractors and contractors of all levels.

Career Highlights

Arbitration

• Acted for a respondent in the CFA Hong Kong Court of Final Appeal proceedings appealing against the enforcement of New York Convention arbitration awards. Key issue involved extension of time for resisting enforcement of NY Convention awards.
• Acted for a main contractor against the employer claiming for breach of contract for failure to duly appoint a replacement architect for a school project
• Acted for a main contractor in a highway project in London against the employer concerning claims of variation work, disruption, acceleration and prolongation costs.
• Acted for a main contractor in an appeal against an arbitration award involving issue as to whether the arbitrator had power under the sub-contract to open up review and revise interim and final payment certificates issued by the architect under the main contract
• Acted for a sub-contractor in a dispute with the main contractor in respect of road works concerning claims for variation work, disruption, acceleration and prolongation costs

Litigation

• Acted for a main contractor defending a tortuous claim for damaged underground cables of an electricity company.
• Acted for a main contractor under a government maintenance term contract defending a claim by its sub-contractor for work done and loss of profit in the trial court and appellate courts.
• Acted for a sub-contractor in a dispute on building services works for a commercial complex in Mainland China in an action brought by a third party claiming as “undisclosed principal” for damages for breach of the sub-contract entered into on its behalf.
• Acted for a sub-contractor in a dispute with its sub-sub-contractor in respect of building services works for a commercial complex (the tallest building in Mainland China at the time) undertaken on a “back to back” basis. Key issues involve delay and termination of contract.