The Development Bureau of HKSAR Government had launched a public consultation upon consultation with a Task Group from the Building and Construction Sector as well as Department of Justice since 2011.
The Hong Kong Institute of Arbitrators is delighted to invite distinguish speakers from arbitration, adjudication and construction sector to introduce the key areas of this consultation to members, interested colleagues and professionals from legal discipline and construction sector. Some of the areas to be discussed are highlighted below:
1) Scope of the proposed Security of Payment Ordinance in future – implications to Government contracts, private sector construction contracts, consultants and suppliers, as well as all sub-contracts down the pipeline.
2) Written and/or Oral Contracts to be covered.
3) Exclusions under the proposed Security of Payment Ordinance.
4) Payment Rights – “Pay when Paid” clauses to be ineffective; Proposed Statutory Payment Period; Statutory and Contractual rights of payments in construction contracts; suspension of works for non-payment.
5) Types of disputes – Payments and Extension of Time. How the substance and scope of disputes can be clearly defined under the proposed new legislation?
6) Adjudication – Future trend; rights to adjudication; adjudicators training and qualification; rights to arbitration and litigation.
7) Impacts to legal, arbitration and ADR professionals etc.