Construction team partners Geoffrey Chan and Tom Fu, and counsel Rosalyn Han delivered a webinar, titled “Latest Developments of Construction Related Laws and Regulations in China”, to a reputable non-profit organisation in Hong Kong on 18 January 2021.
Geoffrey kicked off the webinar by sharing a brief overview of the newly enacted Civil Code of the People’s Republic of China (Civil Code). Rosalyn then talked about the cleaning-up of confusion over the Judicial Interpretations and the first batch of Judicial Interpretations issued in supporting of the Civil Code. Tom went on to explain issues concerning termination of construction contracts under the Civil Code. Moving forward, Rosalyn used various examples to outline the differences in “payment in case of invalid contract” between the Old Judicial Interpretation I and the Civil Code. After that, Geoffrey and Tom illustrated the differences in the definition of change of circumstances between the old laws and regulations and the Civil Code, and explained how the newly defined change of circumstances interacts with the concept of force majeure. Lastly, our speakers further discussed the reform of the qualification management system of construction enterprises, labour protection measures and the newly published standard form EPC contract.