Government Liabilities in Hong Kong Construction Projects: Analysis

This report examines the liabilities and potential negligence of employers, specifically the government, in design and build construction contracts, with a focus on the Hong Kong market. It explores how specific standards and contracts impact construction projects, particularly concerning design defects and associated costs. The report analyzes the allocation of design responsibilities within contracts and the implications of implied liabilities. It also addresses the concept of negligence, referencing the Sales of Goods Act 1972 and various legal cases. Furthermore, it discusses the role of liquidated damages in public sector projects. The document includes references to relevant academic sources, providing a comprehensive overview of the subject matter. The report highlights the importance of clearly defined contractual obligations to mitigate legal entanglements and manage risks effectively.

Design and Build Contract
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Contents
Discuss about the liabilities or the negligence of the employer which is the government for
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REFERENCES................................................................................................................................5
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Discuss about the liabilities or the negligence of the employer which is the government for
around.
The Hong Kong construction project reflects on market whereas increased the expansion of
city strategic public as well as private infrastructure. The Government is main employers in the
construction project whereas it can be used the specific standards in the form of other contracts
which continuously impact on the construction project.
In this way, the construction or engineering project are mainly designed and identifying the
defects that occur as result of defective design. If it possible to rectify, directly associated with
the price where many other parties cannot agree on them. In order to avoid the legal
entanglement majority of construction project which are carried out specific contracts.
Furthermore, it has identified that degree of liability depend on the how overall design
responsible which allocated under particular contract (Abotaleb, El-Adaway and Moussa, 2019).
But it require the suitable or complicated interaction in term of legislation in which make
difficult to identify.
While using the contract in practical approach which mainly allow for clearly accept the
various liability level among parties. In another way, it has considerations that must investigate
about the responsibilities towards design which are allocated under the specific contract and
there is no specific written contract exits. However, the design level of liability is totally differs
which primarily depending on the organization and its work design.
For Example- The level of design liability is same in different contractors as well as
designer those are participating in the construction project. The designer obligation is to perform
the exercise which become reasonable care and skill required for entire designer organization. In
context of contract, consultancy always take care of liability in behalf of specific skill,
knowledge unless they can understand the purpose for which applicable the suitable designing.
The risk has been arise when it implied liability in term of engagement for consultancy designer
which usually contract with the business of carried out the fitness as per requirement (Fan and
et.al., 2019). It is mainly useful that there will be no significant professional level insurance
present which may covered the overall consultancy designer. Apart from that negligence is a
term that implied in both written and non-written contract whatever the condition of situation
happen, at that time it will require for coordinating one party to another because they have
responsibilities to maintain the relational. By applying Sales of Good Act 1972 which will
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provide the certain contractual liability and warranties in related the quality of services. As per
analysis, it has found the current national engineering contracts may include the various legalise
cases and other commentary. In order to show the suitable guideline but not exhaustively
research by engineering professionals and other construction. Therefore, it is individually cover
wide range of different design liability but it will require to make a proper substantial that
support entire design structure pattern.
For public sector, there are major projects that usually express on the liability for every
contract which may include as liquidated damage provision. It will be expressed as large amount
charges on the basis of per day payable. In some situation, it may have chances to delay the
project as a result, contractors default.
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REFERENCES
Book and Journals
Abotaleb, I.S., El-Adaway, I.H. and Moussa, M.B., 2019. Guidelines for administrating and
drafting nonpayment owners' obligation provisions under design-build contracts. Journal
of Management in Engineering. 35(4). p.04019010.
Fan, S.L. and et.al., 2019. Latent provisions for Building Information Modeling (BIM) contracts:
a social network analysis approach. KSCE Journal of civil engineering. 23(4). pp.1427-
1435.
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