Rachel Chan is a partner of the Dispute Resolution Practice of Kwok, Yih & Chan. She has over 15 years of experience and has acted on construction and infrastructure disputes of varying scales and complexities in Hong Kong and other jurisdictions, including Mainland China, Macau, Dubai, the Philippines and the Latin America. She has represented a wide spectrum of clients including employers, private and commercial developers, public authorities, contractors, subcontractors, specialist suppliers and consultants in arbitration matters as well as in Court and other proceedings.
In this CPD, Rachel will focus on the contract administration issues considered by the Commission of Inquiry into the diaphragm wall and platform slab construction at the Hung Hom Station Extension under the Shatin to Central Link Project. She will consider the contractual framework for site and contract work supervision and quality management under the MTRC contracts and other typical construction contracts, the roles played the contractors and consultants of all levels and their respective legal risks and responsibilities, the problems or risks caused by the lack of reliable contemporaneous records on one hand versus the difficulties generated by the excessive amount of documentation. This CPD will also discuss the interim recommendations on the strengthening of the project supervision, monitoring and management system, and their potential legal ramifications in the wider context of claim notification and assessment. |