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How to Handle Payment Disputes in Construction Projects - 19th February 2021

The CPD course will be delivered on the web using Zoom.

Disputes in construction industry are almost inevitable, and by and large, they relate to payment one way or the other. Common payment disputes often relate to late payment, non-payment, under-certification, excessive contra-charge, premature deduction of liquidated damages when Extension of Time claims are not timely dealt with, etc.

This course is therefore designed to go through the essential concepts and principles in relation to payment in the construction industry, on both the main contract and subcontract levels, and from both a practical as well as a legal perspective, with the aim of helping various construction stakeholders to protect their respective rights and understand their respective obligations. Both local and U.K. case authorities will be presented to facilitate better understanding of the concepts and principles. If disputes are not avoidable, the speakers will also take the audiences through the various dispute resolution mechanisms available such that the most cost effective solution can be achieved.

The course will also introduce the recently enacted "Contracts (Rights of Third Parties) Ordinance" and how it impacts on the rights of payment of third parties. The Security of Payment of Legislation ("SOPL"), if enacted, would also have a significant impact on the rights and obligations of the paying and receiving parties, and the speakers will also go through the proposed legislation in details from a practical perspective.


Program

8:30 a.m. – 9:00 a.m.

Registration for the Morning Session

9:00 a.m. – 10:30 a.m.

Introduction & Rights of Payments under Contract

When Contractual Payment is To Be Made

·        Complete Performance

·    Substantial Performance

·    Interim Payments and Final Payment

·    Retention Payment

·    Set-Off and Abatement

·    Quantum Meruit

10:30 a.m. – 10:45 a.m.

Coffee Break (On Your Own)

10:45 a.m. – 12:15 p.m.

Common Types of Payment Disputes

·    Late Payment

·    Under-Certification

·    Non-Payment

·    Right To Suspend Works

·    Termination of Contract

·    Economic Duress

·    Pay-When-Paid

 · 

12:15 p.m. – 1:30 p.m.

Lunch (On Your Own)

1:30 p.m. – 3:00 p.m.

Contracts (Rights of Third Parties) Ordinance & Method of Resolving Payment Disputes

·    Direct Negotiation

·    Dispute Resolution Advisor

·    Mediation

·    Adjudication (Note Proposed Legislation on Security of Payment)

·    Expert Determination

·    Arbitration

·    Litigation


3:00 p.m. – 3:15 p.m.

Coffee Break (On Your Own)

3:15 p.m. – 4:45 p.m.

Proposed Legislation on Security of Payment

·    Rationale

·    Major Proposals

·    Adjudication

·    Legislation Time Frame

Access to Dispute Resolution Professionals

·    Lists of Professionals – DRA, Mediators, Arbitrators

·    Legal Advice – Direct Access To Services of Barristers

4:45 p.m. – 5:00 p.m.

Discussion



Instructors:  Mr. Harrison Cheung and Mr. Vincent Li 

 

Language: Cantonese (with technical terms in English)

 

Date: 19th February 2021 (Friday), 8:30 a.m. to 5:00 p.m.

 

Venue: Your comfortable office or home.

 

Cost: $1,350 (include an e-copy of the course notes and attendance certificate)

 

Early bird discount: $1,150 for registration completed on or before 10th February 2021


 

Methods of Payment: 
       
        (1)    A deposit to "Advanced Technovation Limited" at HSBC Account No. 400-304267-001 and get a receipt;

        (2)    FPS 3116993 and take a screen capture; or

        (3)    An e-cheque payable to "Advanced Technovation Limited".


Registration: 

(1)      Register online at adv-technovation.com and submit the image of the receipt or screen capture, or an e-cheque;

(2)   Fill in the reply slip and e-mail the completed reply slip with receipt, screen capture or e-cheque to support@adv-technovation.com

We would normally respond to you within 48 hours. If you do not hear from us within 3 days, please contact us again by e-mail at support@adv-technovation.com

Questions: Please contact Miss Luk at 91208024 (phone or WhatsApp), support@adv-technovation.com

 

Questions: Please contact Ms Iris Luk at support@adv-technovation.com

Enrollment Form

                    

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