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Welcome to our March 2022 Edition of thePulse…   

Graham McNeill

Senior Managing Director

Global Head of Construction Solutions

graham.mcneill@fticonsulting.com

Welcome to the Q1 edition of thePulse, our quarterly newsletter which provides interesting and topical articles from our Construction Solutions team and other leading industry and legal writers from around the APAC region. 

In this first edition of 2022 we consider the merits of Experts assuming both the role of ‘Advisor’ and ‘Witness’, commonly encountered issues affecting JV partners involved in construction disputes, an overview of the Government of HKSAR’s Budget for 2022-2023 with respect to construction related issues and an analysis of the adoption of Building Information Modeling (BIM) in public works projects in Hong Kong.

I am particularly grateful to Sonny Payne (Partner) and Randall Arthur (Partner) at Georgiou Payne Stewien LLP in Hong Kong, who have contributed a particularly topical article addressing the question of ‘who owns the retention money?’ when a contractor goes into liquidation. 

We hope that you will find this edition of thePulse to be an interesting read. As ever, we welcome your feedback on any of the articles and your requests for topics you would like us to cover in our next instalment. Thanks, as always, to the writers who have contributed articles for this issue.

ARTICLE | Two Expert Roles – Expert Advisor and Expert Witness  

Disputes and confrontations frequently arise on construction and engineering projects around the world and are often resolved through formal arbitration and/or litigation proceedings. In such circumstances, Expert Witnesses of various disciplines may be appointed to address technical issues, provide expert opinion and to generally assist the tribunal or court on matters that are within his or her field of expertise...

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ARTICLE | Construction Companies in Liquidation: Who Owns the Retention Money?

A recent decision of the Hong Kong Court of Appeal arising out of the liquidation of Hsin Chong Construction Company Limited (Hsin Chong) raises two important issues that often arise in the context of a company under liquidation...

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ARTICLE | Joint Ventures in Construction: ‘Where Did it All Go Wrong?

The concept of joining forces with another party to take on a construction project is not a new one. Whether it be a means of entering a previously unexplored region, harnessing specialist engineering capabilities, or simply a means of diluting risk exposure, a joint venture (or “JV”) can be a very effective vehicle, if used correctly...

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ARTICLE | The Government of The HKSAR Budget For 2022 to 2023 – Construction Related Issues

In his speech presenting “The 2022-23 Budget” on 23 February 2022, the Financial Secretary of the HKSAR (the Government), the Hon Paul MP Chan mentioned that land is one of the major constraints on Hong Kong’s economic growth. The Government must make an effort to create more land...

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ARTICLE | What Are The HKSAR Government’s Current Directives for BIM Development?

From 2013 onwards, the HKSAR Government has adopted an incremental strategy for the use of Building Information Modeling (BIM) in public works projects. The following Technical Circulars have been issued by the Development Bureau to accommodate the progressive implementation of BIM in the construction industry in Hong Kong... 

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About the Team
The Asia Pacific Construction Solutions practice within FTI Consulting includes 50+ quantity surveyors, engineers, planning professionals, project managers and claims specialists, many with dual qualifications in law and arbitration. With backgrounds in both commercial contracting and professional practice, our consultants are experienced in technical, commercial and legal matters, enabling them to identify key issues quickly and to find the optimum solutions for our clients.

Key Contacts

Graham McNeill

Email | +852 3768 4674

Hong Kong

FTI Consulting

James Taylor

Email | +65 6831 7821

Singapore

FTI Consulting

Stephen Rae

Email | +61 8 6430 1344

Australia

FTI Consulting

YeongJoon Pyeon

Email | +82 2 2015 7774 

Korea

FTI Consulting

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FTI Consulting is an independent global business advisory firm dedicated to helping organisations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. FTI Consulting professionals, located in all major business centres throughout the world, work closely with clients to anticipate, illuminate and overcome complex business challenges and opportunities. For more information, visit www.fticonsulting.com.

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