Jason Leung is a partner in the Hong Kong office of Mayer Brown. He focuses on construction-related legal proceedings, including litigation and arbitration arising from domestic and international construction projects.
He has experience in legal matters relating to the construction engineering and real estate development industry in Hong Kong, Mainland China and overseas. Jason advises clients on legal issues at different stages of a project cycle, including preparation and negotiation of development agreements, construction contracts and construction professional consultancy agreements, public and private tendering and procurement exercise, project management practices, claims preparation and challenge, termination of contracts, final account disputes, defects, delay and enforcement of warranties.
Jason is a member of Mayer Brown’s International Arbitration group and he frequently represents clients in high-value arbitration proceedings for projects in Hong Kong, Mainland China and internationally. These include disputes in an airport extension project in the Middle East, a solar power plant in India, and a thoroughbred training centre in Mainland China.
Jason is also experienced in judicial review proceedings, building order appeals, health, safety and environmental regulations and enforcement actions. He has advised in a few notable disputes arising from construction projects in Hong Kong including the public inquiries into the construction works at and near the Hung Hom Station Extension under the Shatin to Central Link Project, the excessive levels of lead found in drinking water in public housing estates and an independent review in a heritage building collapse in 2016.
Jason participated in the Hong Kong Judiciary’s working group for the Practice Direction for an e-Discovery Pilot Scheme published in 2014.
Jason is admitted in Hong Kong. Prior to his admission, Jason obtained a bachelor degree in civil engineering in Hong Kong. He obtained a master degree in arbitration and dispute resolution with distinction.
Areas of Focus
Contentious Construction Matters
- Acting for an international construction joint venture in arbitration proceedings arising from a mega-infrastructure project in the Middle East with the amount of dispute in the tune of hundreds of million US dollars.
- Acting for a PRC-based developer in arbitration proceedings from the main contractor in relation to certain industrial building renovation works in the New Territories, Hong Kong.
- Acting for a developer and operator of data centre in Hong Kong in relation to termination of service agreement and related court proceedings.
- Acted for the Hong Kong SAR Government defending claims from main contractors in arbitration in relation to several major infrastructure, public utilities and roadwork projects in Hong Kong.
- Acted for a listed company defending a High Court claim from a sub-contractor on final account issues in a public roadwork project in Hong Kong.
- Acted for a leading Hong Kong charitable organisation in mediation and arbitration proceedings in relation to defective design, negligent project management supervision of a major site formation project.
- Acted for a quarry operator in a mediation and an arbitration with respect to breaches of contract and loss and damage claims arising out a supply contract.
- Acted for a Canadian renewable energy producer in an anticipated arbitration with an EPC contractor arising from a solar power project in various locations in India.
Administrative Proceedings and Inquiries
- Acted for a railway operator in Hong Kong in the Commission of Inquiry into the Construction Works at and near the Hung Hom Station Extension under the Shatin to Central Link Project in 2018 and 2019.
- Acted for a major PRC state-owned contractor in the Commission of Inquiry Into Excess Lead Found in Drinking Water.
- Acted as a member of an independent review on a collapse of a heritage building in 2016.
- Acted for a building owner of a purpose-built industrial premise in an appeal against a building order and subsequently represented the owner in judicial review proceedings against the appeal tribunal's determination.
- Acted for building owners in judicial review proceedings relating to development restrictions imposed in the outline zoning plan by the Town Planning Board.
Regulatory and Enforcement
- Acting for a major construction company on building summonses relating to construction material quality in a high-profile residential development project.
- Advised and defended employers in a number of industrial summonses under the Factories and Industrial Undertakings Ordinance (Cap. 59), Occupational Safety and Health Ordinance (Cap. 509) and Gas Safety Ordinance (Cap. 51).
- Advised a charitable organisation on a comprehensive review of the regulatory framework and compliance issues on waste disposal.
- Advised a charitable organisation on various issues relating to fire safety in its premises and water pollution control in its operation.
- Acted for a public transport operator in relation to a noise abatement notice under the Noise Control Ordinance (Cap. 400).
- Advised companies in the construction industry on a potential competition investigation under the Competition Ordinance (Cap. 619).
Other Contentious Matters
- Acting for a leading PRC computer microprocessor developer in the Hong Kong arbitration proceedings arising from certain technology licence agreements.
- Acting for a developer in relation to enforcement of a CIETAC arbitral award in Hong Kong courts.
Non-contentious and Advisory Matters
- Advised an association of developers in Hong Kong on construction-related legislative proposals and draft bills, including security of payment and occupational safety and health legislation.
- Advising the local concrete material supplier in its sale and purchase agreement and licensing agreements relating to a production asset in the New Territories, Hong Kong.
- Advised a major blue-chip developer in Hong Kong on purported building defects on the external facade of a residential development in Hong Kong.
- Advised a tertiary education institution in Hong Kong on a site development tender for its campus extension in Kowloon, Hong Kong.
- Advised a local residential developer in the preparation of project management agreements for two residential projects in Hong Kong.
- Advised a public authority in the drafting of tender documents for the supply and installation of combined heat and power generators in a hospital in Hong Kong.
- Advised a public authority on BIM provisions in the development and construction of a new hospital in Hong Kong.
- Advised a worldwide charitable organisation in the preparation tender documents for renovation works in a natural conservation project in Hong Kong.
- Advised a major developer in Hong Kong on a commercial agreement with an International data centre and colocation provider on the construction and fitting out of a data centre in the New Territories, Hong Kong.
- Advised a major blue-chip developer in relation to defects found in stone facade works.
- Advised a major developer on liquidated damages issues arising from a development agreement in a residential development in Hong Kong.
- Represented a tertiary education institution in Hong Kong on termination of consultancy agreements and determination of the employment of a contractor under a contract for renovation works.
- Advised a major theme park in Hong Kong in relation to determination of the employment of a contractor under a contract for renovation works.
- Advised in various merger and acquisition transactions involving construction and engineering projects.
The University of Hong Kong, LLM, Arbitration and Dispute Resolution
The University of Hong Kong, PCLL
The University of Hong Kong, LLB
The University of Hong Kong, Bachelor of Engineering, CivE-Law
- Hong Kong