Tom K. M. Fu  Partner

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Experience 

• Advising employers on procurement models in the PRC, and on the drafting of contracts, bonds, warranties, tender documents and consultancy agreements for construction projects in various cities/provinces in the PRC including Beijing, Shanghai, Tianjin, Heilongjiang, Shenyang, Wuxi, Jiangsu, Guangzhou, Shenzhen and Zhuhai
• Advising on compliance and regulatory matters in relation to the construction industry in the PRC
• Advising employers and contractors on tendering and registration requirements, and on claims arising out of defects, variations, delay, design responsibilities, and determination of construction contracts
• Conducting construction related arbitration and litigation proceedings
• Advising on town planning and building matters
• Advising on environmental regulatory matters such as issues arising out of the China RoHS and WEEE
• Conducting proceedings in relation to construction site safety and environmental protection offences

Notable Engagements 

• PRC Hydroelectric Dam & Power Plant Project - advising a PRC public authority in relation to claims to the tune of RMB 7 billion arising from the construction of a hydroelectric dam and power plant in the PRC.
• Swire Taikoo Hui Guangzhou - advising Swire Properties Limited on the preparation of construction documentation and consultancy agreements for use in its multi-purpose development of 450,000 square meters in Guangzhou, and also advising on procurement methods, regulatory issues and issues arising out of novation of contract, performance bond and insurance.
• Tianjin Hang Lung Plaza - advising Hang Lung Properties Limited on the preparation of various project management and consultancy agreements for use in its landmark mega shopping mall project in Tianjin. The shopping mall will cover an area of 153,000 square meters.
• Nam Tai Electronics Manufacturing Facilities in Shenzhen and Wuxi - advising Nam Tai Electronics, a NYSE listed electronics company, on the preparation of construction documentation and various consultancy agreements (Hong Kong and MOHURD forms) for use in its manufacturing plant projects in Shenzhen and Wuxi.
• HKI Properties Ltd. Hotel Project in CBD of Beijing - advising on contractual issues arising out of the construction of a hotel in the Central Business District of Beijing.
• Hotel Project at the Bund Shanghai - advising a worldwide hotel group on the preparation of construction documentation for use in its hotel project at the Bund Shanghai, and advising on contractual and regulatory issues.
• Qingdao Tongsan Highways Construction Project & Tongjiang-Sanya National Highway Project - advising a Hong Kong based contractor in relation to claims arising out of the Qingdao Tongsan Highways Construction Project and the Tongjiang-Sanya National Highway Project. The key issues were quantum and limitation.
• LSE Listed Windmill Gearbox Manufacturing Company Tianjin Project - advising a LSE listed company on the preparation of construction documentation (FIDIC and MOHURD forms) and consultancy agreements for use in the construction of its manufacturing facilities in Tianjin, advising on tendering and registration procedure requirements and other compliance issues. The project involved the preparation of a design and build main contract, a piling contract, a number of direct supply/utility services installation contracts and consultancy agreements on the bases of various FIDIC forms and MOHURD forms.
• Metal Processing Plant in Changshu, Jiangsu - advising an US based global leading producer of zinc products on the preparation of construction documentation (MOHURD forms) for use in the construction of its metal processing plant in Changshu, Jiangsu.
• AIM & ASX Listed Mining Company Heilongjiang Project - advising an AIM & ASX listed mining company on the preparation of construction documentation and consultancy agreements for use in its mining project in the northeast province of Heilongjiang in the PRC, advising on termination of contracts and claims by main contractor and sub-contractors.
• Paint Production Facility Project in Guangzhou - advising a Denmark based leading global supplier of paint related products on the preparation of FIDIC based construction documentation for use in the construction of its paint production plant in Guangzhou.
• Financial and Banking Centre Projects in Beijing & Shanghai - advising a major Hong Kong banking institution on the preparation of various project management and consultancy agreements for use in its financial centre projects in Zhongguancun and the Financial Street District of Beijing, and also its headquarters project in Pudong Shanghai.
• NYSE and TSE Listed Financial Services Company PRC Real Estate Development Projects - advising a major Japanese financial services group on contractual and regulatory issues arising out of real estate development projects in the PRC.
• Quarrying Projects in Zhuhai - advising a leading building material supplier in Hong Kong on their quarrying rights in respect of a number of quarries located in Zhuhai.
• China RoHS & WEEE Directives - advising a New York based leading financial information services, news and media company on issues arising out of PRC environmental rules and regulations including China RoHS and WEEE directives.
• NYSE Listed Office Furniture Manufacturing Company Guangzhou Project - advising a global leading office furniture manufacturer on environmental and safety issues arising out of its project in Guangzhou.
• Hong Kong and China Gas Company Limited (Towngas) Underwater Pipeline Project - advising Towngas in the underwater pipeline project which lies between Tai Po, Hong Kong and Shenzhen, China. Advising on environmental aspects including water pollution, preservation of the ecological environment, and applying for injunctive relief against obstructions to the construction works, engagement of consultants and advice on construction claims.

Education 
The University of Hong Kong, PCLL • The University of Hong Kong, LLB

Languages

• English
• Cantonese
• Mandarin

Admitted

• England & Wales, 2000
• Hong Kong, 1999