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If you wish to offer to speak at future SCLHK events, please contact us at admin@scl.hk
 
   
 

THE SCL DELAY AND DISRUPTION PROTOCOL
has been prepared by SCLUK as an aid to managing and assessing delay and disruption in construction projects.Visit
SCLUK's special website.

 
   
  Find details of the papers published by the Society, many of which can also be found online.  
   
  MEMBERSHIP BENEFITS SCL INTERNATIONAL WEBSITE AND RECIPROCAL PAPERS ACCESS

Members who have registered to use the SCLHK website may download online papers for free, and are also entitled to access to the SCL International website, where they may also download the papers from SCLHK’s international sister Societies at no charge. Sister Societies with papers published on the international site currently include SCLs in the Gulf, New Zealand, Singapore and UK. More papers are progressively being added. Click here to go to our Members Only area for registration instructions. Click here to link to the SCL International website.

For more Member Benefits see here
 
   
 

Since its foundation in 2001, the Society of Construction Law Hong Kong (SCLHK) has worked to promote for the public benefit education, study and research in the field of construction law and related subjects (including ADR, arbitration and adjudication).

SCLHK is affiliated with and shares similar objects with the UK-based Society of Construction Law (SCLUK), established in 1983.

The Society holds frequent meetings and other events.

The Society welcomes new members. Read more about benefits, and apply online.

     
  Next Meetings / Events  
   
  Latest Paper  
 

Title: Notices, Time Bars and Proportionality
Author: Sir Rupert Jackson
Paper no.: 177

 
   
 

Title: Rights to Terminate a Commercial Contract Successful Use and Liability for Misuse
Author: David Thomas QC and Matthew Finn
Paper no.: 176

 
   
     
     
  LATEST NEWS  
   
  Post Date: 2019 Apr 11  
    Questions arising from a construction insolvency: a liquidator’s perspective  
     This presentation will be delivered by John Lees and Sammy Koo of Ernst & Young
This will be a practical seminar covering a range of issues which commonly arise in a construction insolvency including dealing with clients and the supply chain, plant and machinery on site, the supply of materials and retention of title clauses, the operation of bank accounts and joint venture arrangements. Case studies will be used to highlight how parties might best deal with these complex issues.

John Lees, Executive Director, Restructuring, Ernst & Young
A Hong Kong resident since 1988, John has led the turnaround of many listed public and private companies in Hong Kong and has conducted insolvency assignments in Hong Kong, the PRC and other Asian and offshore jurisdictions. These assignments include Members and Creditors Voluntary Liquidations, Court Liquidations and Provisional Liquidations, Court Receiverships and Receiverships under Debentures and Bankruptcies. John’s experience spans across most industries including finance, construction, shipping, logistics, manufacturing, property, retail, information technology and insurance. He works extensively with government agencies, regulators and private sector clients in investigation, asset and fund tracing and litigation support matters. John recently joined EY as an Executive Director in January 2019 along with the rest of the JLA Asia Limited team.
Sammy Koo, Partner, Restructuring, Ernst & Young

Sammy is a Partner at Ernst & Young Transactions Limited, Hong Kong, specializing in domestic and cross-border corporate restructuring. She has more than 18 years of experience, focusing on the trading resumption of public entities, distressed turnarounds, insolvency, debt capital restructuring, strategic exit solutions, contingency planning, recovery and resolution planning, financial feasibility assessments and regulatory consulting. Sammy has led the restructuring of various companies suspended on the Main Board or GEM Board of HKEX to successfully resume trading including the reverse takeover of a construction company and receivership of a luxury residential development with construction in progress.
 
   
  Post Date: 2019 Mar 21  
    Hong Kong-Macau-Guangdong Greater Bay Area: Opportunities and Challenges for Construction Professionals  
    https://www.scl.hk/meetings_detail.php?meeting_id=141

On 18 February 2019, the Central Committee of the Communist Party of China and the State Council released the long awaited development plan for the Hong Kong-Macau-Guangdong Greater Bay Area. But what does it tell us about the Central Government's plans for the region? And what does it mean for construction professionals working in Hong Kong, Macau and South China?

Join Steve Lewis of KPMG and Ben Bury of HFW to explore some of the new and innovative construction opportunities created by the GBA project and some of the possible challenges that lie ahead.

Steve Lewis leads KPMG China’s Major Project Advisory business, providing advisory services to the built asset environment not only in China but also across the Asia Pacific region. Steve is a Chartered Surveyor with multiple years of experience in delivering and advising on a range of fast moving and complex projects in a range of roles spanning the asset lifecycle across Asia, America and the UK. He has extensive experience as a lead adviser on a large range of infrastructure and other built asset programmes, particularly in the aviation, rail and social infrastructure sectors. Steve is the deputy chair of the American Chamber of Commerce Infrastructure group, serves on the British Chamber of Commerce Construction Industry Group, the British Chamber of Commerce Real Estate Group and is a committee Member of the Royal Institution of Chartered Surveyors Construction group.

Ben Bury is a Registered Foreign Lawyer in HFW's Hong Kong office and a Partner in HFW's Singapore office. For more than 13 years, Ben has assisted clients to resolve disputes arising out of complex and high value construction projects. Ben has been based in Asia since 2011 and has advised on disputes arising out of some of the largest and most significant projects in the region. Ben has worked for or against corporations or on projects connected to almost every country in Asia-Pacific including China, Hong Kong, South Korea, Japan, India, Bangladesh, Thailand, Vietnam, Malaysia, Indonesia, the Philippines, Singapore, and Australia. He has acted as counsel on arbitrations seated in numerous jurisdictions and institutional rules.
The Hong Kong Club, Victoria Suite 1/F, 1 Jackson Road, Central, Hong Kong

The dress code is smart casual and/or lounge suit. Please note the Hong Kong Club dress code does not permit denim. Use of electronic devices on Club premises is prohibited.

 
   
  Post Date: 2019 Feb 20  
    Compiling Loss of Profits claims - An Accountant's Perspective  
    This presentation will be delivered by Neill Poole, Senior Managing Director, Global Disputes & Investigations, Ankura.

Neill will discuss compiling loss of profits claims. The presentation will cover key principles and considerations involved when calculations of loss of profits are compiled, including accounting issues and evidence; forecasts and assumptions; the discounted cashflow methodology; determining an appropriate discount rate; etc.

Attendees should obtain from the presentation a better appreciation of the issues and challenges commonly experienced when compiling loss of profits calculations and strategies for addressing them.
 
   
  Post Date: 2019 Jan 23  
    Building Virtually for Eternity  
    Our council member, Thomas Lee, on behalf of the Society of Construction Law Hong Kong, cordially invites you to an evening seminar to be held on Wednesday 23 January 2019 delivered by Lee Baker of HKA on Building Virtually for Eternity which will be held at the Hong Kong Club.

Lee will take a frank look at construction technology in particular BIM and digitalization. Lee will address the gathering and use of data on construction projects and the difficulties this can cause. He will explore some of the contractual issues around BIM that are likely to be faced in the near future and what construction
professionals can do about it. Lee then explore how we can use technology to communicate complex ideas and how this may be used by experts and counsel to assist courts and tribunals.

SCLHK extends the invite to this evening seminar to the young members of the Chartered Institute of Arbitrators (East Asia Branch) and the young members of the Hong Kong Institution of Engineers on the same terms as available to members of SCLHK.
 
   
  Post Date: 2018 Nov 9  
    SCLHK One Day International Conference 2018  
    www.scl.hk/conference2018

"Defects, Quality and Workmanship - Presenting the Evidence"


Defective work and poor workmanship are problems which have been around for a long time. In Hong Kong, high profile cases include the short piling cases almost 20 years ago, and more recently a collapsing sports centre roof, lead in water pipes, controversy over wave absorbing blocks on the Hong Kong-Zhuhai-Macau Bridge and a series of high profile alleged defective works which have rocked the MTR on the Shatin to Central Link. The latter has led to the recent appointment of a Commission of Inquiry to investigate reinforcement works on one project and to make recommendations on measures to promote public safety and assurance on the quality of works.

Conversely, employers are frequently withholding money based on little evidence, often with liability between design and workmanship far from being established. Without sufficient evidence to hand, the contractor can be tried and convicted in the court of public opinion long before defects have even been proven causing irreparable disruption to the business and damage to reputation.

This conference will examine typical standard provisions which deal with defective work, quality and workmanship, why such provisions do not always achieve their aims, and how evidence in such cases should be recorded and subsequently presented to a tribunal.
 
   
  Post Date: 2018 Sep 6  
    SCL Scholarship Rules and Application Form (2018 update)  
    The Society of Construction Law Hong Kong has a limited number of scholarships. If you would like to apply please use the forms below.  
   
  Post Date: 2018 Jun 6  
    Scholarship rules and application  
     The Society of Construction Law Hong Kong has a limited number of scholarships. If you would like to apply please use the forms below.   
   
  Post Date: 2017 Oct 23  
    LinkedIn Group  
    SCLHK has launched a new LinkedIn group to promote events and seminars. If you would like to join the group please visit

https://www.linkedin.com/groups/10356693
 
   
  Post Date: 2017 Aug 16  
    Elements Of A Robust Delay Analysis by Wendy MacLaughlin  
    Transcript of a paper given to members of The Society of Construction Law Hong Kong in Hong Kong on 16 August 2017.  
   
  Post Date: 2017 Jun 14  
    Presenting A Case In Mediation – A QC’s Perspective  
    Transcript of a paper given to members of The Society of Construction Law Hong Kong in Hong Kong on 14 June 2017  
       
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