Extension of Time Claims in Hong Kong

Introduction

Delay claims are one of the most common areas for disputes in Hong Kong within the construction industry. Despite this, there still appears to be uncertainty about:

1. what to claim;
2. when to claim; and
3. how to claim.

Delay claims, even the approach in the law, seem to be more theoretical than practical. The purpose of this paper is to set out a practical approach to these three questions. After a very brief overview of the legal background, I will identify the relevant provisions from two standard forms building contracts, commonly used in Hong Kong, which are the Hong Kong Government General Conditions of Contract for Building Works and the HKIA/RICS Building Contract. I will explain some of the main problems with extension of time claims, particularly issues of concurrency and causation and demonstrate how the two standard contracts deal with these issues in different ways.