Coming Ready or Not? Security of Payment Provisions in Hong Kong Public Works

Overview

After 20 years of considering security of payment in the construction industry and implementation by way of legislation, the Hong Kong Government has unexpectedly proposed the introduction of a contractual regime into new public works contracts after July/August 2021.

Our Construction experts Jon Howes, Sean Hardy and Chris Short take a look at the latest provisions, drawing on experience of adjudication and security of payment legislation in Singapore and other jurisdictions to better understand the contractual mechanisms proposed including:

• the scope of contracts covered;
• payment rights and obligations; with a particular focus on:
• adjudication;
• enforcement of adjudicated decisions; and
• suspension of works for non-payment.