Sr Ming Ko CHAN
Nationality : Chinese (HKSAR)
Language : Chinese (Cantonese);English;
CICES Stream : Commercial Management
Relevant Qualifications in Arbitration : CIArb Fellow (Arbitration), FCIArb;HKIArb Fellow (Arbitration), FHKIArb;
Relevant Qualifications in Adjudicators : HKIS Panel of Adjudicators SOPP & SOPO;
Dispute Resolution Experience :
I am currently working as resident quantity surveyor on behalf of Client (CEDD) for contract administration of NEC Contract with Security of Payment Provisions (SOP) for an infrastructure site formation project. My area of practice is decision of validity of Contractor's notification of compensation event, assessment of quotations for compensation events and assessment of delay for compensation events.
For resolving potential disputes and difference between Contractor and Client, I have proactively and regularly initiated financial workshop meetings for reviewing the contract position and negotiating entitlement of change to the Prices and Completion Date for list of compensation events. If no acceptance can be reached between Contractor and Client, I would reply to the Contractor's notification of compensation event and quotations for compensation events with reasons and relevant supporting documents and sought for further assessment of resubmission of quotations. If no further quotations could be accepted, I would carry out own assessment of compensation events with reasons and full assessment details.
Whereas for compensation events with claims in nature such as encountering unforeseeable physical conditions, late access by the Employer, I would assess the contract principles and carry out valuation and forensic delay analysis of the concerned compensation events and submit the assessment report to Client's Legal Advisory Department (LAD) for seeking no objection in principle for assessment and implementation of compensation event. In the past 3 years, I have assessed more than 30 compensation events with claims in nature and presented the assessment findings in assessment report for seeking no objection from Client before implementation of the compensation events.