Environmental legal risk management strategy for major construction contractor
Our lawyers developed an integrated risk management strategy for a major construction contractor. This involved a detailed review of its existing environmental management system against a matrix of legal risks presented by Hong Kong environmental law to the company and its officers. As far as we are aware, it is the first time a major contractor has taken an integrated approach to legal risk presented by its environmental performance across all its construction activities. There was a particular emphasis on managing and mitigating legal risk presented to directors and other corporate officers motivated by recent changes to Hong Kong environmental law.
We are acting for the main contractor on the project to build Route 8 Eagle’s Nest Tunnel. The 2.1 km Route 8 Eagles Nest road tunnel will link Butterfly Valley in Kowloon to Sha Tin in Hong Kong’s New Territories. We recently advised the contractor on its dispute with the Environmental Protection Department regarding construction noise permits and potential prosecution for an alleged breach of the Noise Control Ordinance. We are also advising on the claims against the Employer, Highways Department, for prolongation costs and extensions of time as well as issues on impossibility adverse ground conditions and misrepresentation.
Environmental compliance disputes, Hong Kong
We act for an international joint venture contractor currently carrying out one of the largest tunnelling projects in Hong Kong. The project is being carried out in a noise sensitive area and noise control mitigation has to be carefully planned and implemented by the contractor. Our team are advising the contractor to resolve its disputes with the Environmental Protection Agency through mediation. These decisions concerning noise permits would normally be challenged by judicial review. As far as we are aware, this will be the first true environmental mediation in Hong Kong.
First-tier ranking, environment
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