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Joint Sponsors
SOCIETY OF
CONSTRUCTION LAW
HONG KONG
SCLHK ONE DAY
INTERNATIONAL
CONFERENCE 2019
SCLHK is pleased to invite you to its 2019 One Day International Conference
DATE AND TIME
Friday 8 November 2019 at 9:00am (with registration from 8:30am)
VENUE
Hong Kong Football Club, 3 Sports Road, Happy Valley, Hong Kong
THE CONFERENCE
The theme for this year’s conference is Change Management and Claims.
Change is an unavoidable part of every construction project. Hundreds if not thousands
of changes can be ordered in a construction project. This conference will explore the
typical contractual mechanisms concerning change, how to manage any such changes
and the consequences of such changes including the valuation of the changes, their
delaying and disruptive effects and their associated costs.
We are delighted to announce that Mr CHAN Ka-kui, SBS, JP, Chairman of the Construction
Industry Council, will be our Keynote Speaker.
PROGRAMME
COCKTAIL RECEPTION
Wednesday 6 November 2019, China Club, Central from 6:30pm to 9:30pm
CONFERENCE (Friday 8 November 2019)
Keynote Address – Mr CHAN Ka-kui, SBS, JP, Chairman of the Construction Industry Council
Morning Session 1	 How are changes ordered?
A review and discussion of the standard provisions and principles for ordering change,
including:
•	Typical contractual mechanism for ordering change and comparison with different
standard form contracts;
•	Whether the change constitutes a variation – within contract scope, build-ability
obligations, design obligations, ambiguities and discrepancies etc;
•	Power to order change – limits on type and timing of change, omission of work, authority
to order change etc; and
•	Express and implied duty to order change – impossibility, contractor proposals etc
Panellists include Ms Fiona Sinclair QC, 4 Pump Court Chambers; Mr Bevis Mak,
AECOM; Mr Raymond Au, MTRC; and Mr Brian Stewart, Gammon Construction Limited.
Morning	 Session 2 The valuation of change
A review and discussion of the standard provisions and principles for valuing change,
including:
•	Typical contractual mechanism and comparison with different standard forms;
•	Use of bills of quantities and schedules of rates;
•	lump sum v measurement contracts;
•	valuation provisions, practice notes and case law - Henry Boot v Alstom Combined
Cycles on rates being “sacrosanct”, Maeda-Hitachi-Yokogawa Hsin Chong Joint Venture
v HKSAR CACV 230/2011 on re-rating under GCC Clause 59(4)(b), recent Maeda China
State JV v Bauer case HCCT 4/2018 on fair valuations, HKHA v Leighton HCCT 101/2003
on composite rates, etc)
Panellists include Mr Andrew Goddard QC, Atkin Chambers; Ms May Ng, DLA Piper
Hong Kong; Mr WY Wong, China State Construction International Holdings Limited;
Mr TT Cheung, JP, Aria & Associates Limited; and Mr Mark Derisley, Derisley Consultancy
Services.
Afternoon	Session 3	Assessing delaying and disruptive effects caused by change
A review and discussion of the standard provisions and principles for assessing its
delaying and disruptive effects, including:
•	prolongation costs – core and non-core costs, allocation of costs, etc;
•	disruption costs - measured mile, computer models, work studies, etc;
•	global claims – myriad of change making it impractical to isolate additional costs;
•	management of change costs – recording of change costs, assessing thickening of
resources, are claim preparation costs recoverable?
Panellists include Mr Justin Mort QC, Keating Chambers; Mr Timothy Hill, Hogan Lovells;
Mr Mike Allen, Secretariat International; Mr David Gibson, DGA Group.
Afternoon	Session 4	Assessing entitlement to extensions of time
A review and discussion of the standard provisions and principles for assessing its
entitlement to extensions of time, including:
•	appropriate methods of delay analysis;
•	identification of the cause of the delay; and
•	concurrent delay.
Panellists include Mr Wayne Martin AC QC, 39 Essex Chambers; Mr Phillip Rompotis,
Prince’s Chambers Hong Kong; Mr Trevor Lam, CTBH; and Mr Tony Farrow, Ankura.
REGISTRATION FORM
Name
Please reserve tickets for the following:
SCLHK members; Members of Supporting Organisations; Non-members
Early Bird (on or before Friday, 11 October 2019)
I enclose a cheque for HK$				 payable to “Society of Construction Law Hong Kong”
My address is
Tel (daytime)						 Fax
Email
More information at www.scl.hk/meetings.php
Please register by sending form by fax to +852 2524 2171 or
by email to admin@scl.hk or
post Society of Construction Law Hong Kong, 38/F, Two Exchange Square, Central, Hong Kong
SCLHK ONE DAY INTERNATIONAL CONFERENCE 2019
Hong Kong Football Club, 3 Sports Road, Happy Valley, Hong Kong
Friday 8 November 2019
Supporting Organisations
City University of Hong Kong, Department of Architecture and
  Civil Engineering
Hong Kong Institute of Project Management
Hong Kong International Arbitration Centre
Institution of Civil Engineers, Hong Kong Office
Society of Construction Law Gulf
Society of Construction Law Mauritius
Society of Construction Law New Zealand
Society of Construction Law Singapore
Society of Construction Law United Kingdom
The Academy of Experts
The Chartered Institute of Building (Hong Kong)
The Chartered Institution of Civil Engineering Surveyors
  (Hong Kong Region)
The Law Society of Hong Kong
The Lighthouse Club (Hong Kong)
Registration Fees						 Rates (per ticket)
								 Early Bird		 Regular
�	 SCLHK members:	 HK$2,200 	 HK$2,550
�	 Members of supporting organisations: 	 HK$2,400	 HK$2,650
�	Non-members:	 HK$2,650	 HK$2,850
Discounts are also available for multiple tickets for non-members booked as a group:
�	 5-9 tickets: 	 HK$2,400	 HK$2,650
�	 10+ tickets: 	 HK$2,200	 HK$2,450
•	 Early bird rates apply for tickets booked and paid for in full on or before Friday, 11 October 2019.
•	 All rates include conference materials, lunch and refreshments throughout the day.
•	 Lawyers please note that CPD accreditation will be applied for from the Law Society of Hong Kong.
•	 Priority will be given to members, thereafter places will be allocated on a “first come, first served” basis.
	 Please register by returning the registration application slip below with your cheque to the address noted.
Special SCLHK Membership Offer
We are pleased to announce that attendees of this year’s Conference can apply for a special SCLHK membership deal.
For HK$1250 you will receive the inclusive membership package for the 2020/2021 session and we will include the balance of the
2019/2020 session. We will also waive the joining fee.
The inclusive membership package covers entrance to all of our evening talks during the periods mentioned above.
This offer is valid until 20 December 2019.

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SCLHK's One Day International Conference 2019

  • 1. Joint Sponsors SOCIETY OF CONSTRUCTION LAW HONG KONG SCLHK ONE DAY INTERNATIONAL CONFERENCE 2019 SCLHK is pleased to invite you to its 2019 One Day International Conference DATE AND TIME Friday 8 November 2019 at 9:00am (with registration from 8:30am) VENUE Hong Kong Football Club, 3 Sports Road, Happy Valley, Hong Kong THE CONFERENCE The theme for this year’s conference is Change Management and Claims. Change is an unavoidable part of every construction project. Hundreds if not thousands of changes can be ordered in a construction project. This conference will explore the typical contractual mechanisms concerning change, how to manage any such changes and the consequences of such changes including the valuation of the changes, their delaying and disruptive effects and their associated costs. We are delighted to announce that Mr CHAN Ka-kui, SBS, JP, Chairman of the Construction Industry Council, will be our Keynote Speaker. PROGRAMME COCKTAIL RECEPTION Wednesday 6 November 2019, China Club, Central from 6:30pm to 9:30pm CONFERENCE (Friday 8 November 2019) Keynote Address – Mr CHAN Ka-kui, SBS, JP, Chairman of the Construction Industry Council Morning Session 1 How are changes ordered? A review and discussion of the standard provisions and principles for ordering change, including: • Typical contractual mechanism for ordering change and comparison with different standard form contracts; • Whether the change constitutes a variation – within contract scope, build-ability obligations, design obligations, ambiguities and discrepancies etc; • Power to order change – limits on type and timing of change, omission of work, authority to order change etc; and • Express and implied duty to order change – impossibility, contractor proposals etc Panellists include Ms Fiona Sinclair QC, 4 Pump Court Chambers; Mr Bevis Mak, AECOM; Mr Raymond Au, MTRC; and Mr Brian Stewart, Gammon Construction Limited. Morning Session 2 The valuation of change A review and discussion of the standard provisions and principles for valuing change, including: • Typical contractual mechanism and comparison with different standard forms; • Use of bills of quantities and schedules of rates; • lump sum v measurement contracts; • valuation provisions, practice notes and case law - Henry Boot v Alstom Combined Cycles on rates being “sacrosanct”, Maeda-Hitachi-Yokogawa Hsin Chong Joint Venture v HKSAR CACV 230/2011 on re-rating under GCC Clause 59(4)(b), recent Maeda China State JV v Bauer case HCCT 4/2018 on fair valuations, HKHA v Leighton HCCT 101/2003 on composite rates, etc) Panellists include Mr Andrew Goddard QC, Atkin Chambers; Ms May Ng, DLA Piper Hong Kong; Mr WY Wong, China State Construction International Holdings Limited; Mr TT Cheung, JP, Aria & Associates Limited; and Mr Mark Derisley, Derisley Consultancy Services. Afternoon Session 3 Assessing delaying and disruptive effects caused by change A review and discussion of the standard provisions and principles for assessing its delaying and disruptive effects, including: • prolongation costs – core and non-core costs, allocation of costs, etc; • disruption costs - measured mile, computer models, work studies, etc; • global claims – myriad of change making it impractical to isolate additional costs; • management of change costs – recording of change costs, assessing thickening of resources, are claim preparation costs recoverable? Panellists include Mr Justin Mort QC, Keating Chambers; Mr Timothy Hill, Hogan Lovells; Mr Mike Allen, Secretariat International; Mr David Gibson, DGA Group. Afternoon Session 4 Assessing entitlement to extensions of time A review and discussion of the standard provisions and principles for assessing its entitlement to extensions of time, including: • appropriate methods of delay analysis; • identification of the cause of the delay; and • concurrent delay. Panellists include Mr Wayne Martin AC QC, 39 Essex Chambers; Mr Phillip Rompotis, Prince’s Chambers Hong Kong; Mr Trevor Lam, CTBH; and Mr Tony Farrow, Ankura.
  • 2. REGISTRATION FORM Name Please reserve tickets for the following: SCLHK members; Members of Supporting Organisations; Non-members Early Bird (on or before Friday, 11 October 2019) I enclose a cheque for HK$ payable to “Society of Construction Law Hong Kong” My address is Tel (daytime) Fax Email More information at www.scl.hk/meetings.php Please register by sending form by fax to +852 2524 2171 or by email to admin@scl.hk or post Society of Construction Law Hong Kong, 38/F, Two Exchange Square, Central, Hong Kong SCLHK ONE DAY INTERNATIONAL CONFERENCE 2019 Hong Kong Football Club, 3 Sports Road, Happy Valley, Hong Kong Friday 8 November 2019 Supporting Organisations City University of Hong Kong, Department of Architecture and   Civil Engineering Hong Kong Institute of Project Management Hong Kong International Arbitration Centre Institution of Civil Engineers, Hong Kong Office Society of Construction Law Gulf Society of Construction Law Mauritius Society of Construction Law New Zealand Society of Construction Law Singapore Society of Construction Law United Kingdom The Academy of Experts The Chartered Institute of Building (Hong Kong) The Chartered Institution of Civil Engineering Surveyors   (Hong Kong Region) The Law Society of Hong Kong The Lighthouse Club (Hong Kong) Registration Fees Rates (per ticket) Early Bird Regular � SCLHK members: HK$2,200 HK$2,550 � Members of supporting organisations: HK$2,400 HK$2,650 � Non-members: HK$2,650 HK$2,850 Discounts are also available for multiple tickets for non-members booked as a group: � 5-9 tickets: HK$2,400 HK$2,650 � 10+ tickets: HK$2,200 HK$2,450 • Early bird rates apply for tickets booked and paid for in full on or before Friday, 11 October 2019. • All rates include conference materials, lunch and refreshments throughout the day. • Lawyers please note that CPD accreditation will be applied for from the Law Society of Hong Kong. • Priority will be given to members, thereafter places will be allocated on a “first come, first served” basis. Please register by returning the registration application slip below with your cheque to the address noted. Special SCLHK Membership Offer We are pleased to announce that attendees of this year’s Conference can apply for a special SCLHK membership deal. For HK$1250 you will receive the inclusive membership package for the 2020/2021 session and we will include the balance of the 2019/2020 session. We will also waive the joining fee. The inclusive membership package covers entrance to all of our evening talks during the periods mentioned above. This offer is valid until 20 December 2019.