Construction

Phillip Georgiou represents parties in contentious construction and engineering matters. Projects include infrastructure, building, energy, industrial and manufacturing plants throughout the Asia-Pacific region.  

In formal dispute resolution, he leads and manages construction cases including appearing as advocate before institutional and ad hoc arbitral tribunals throughout the Asia-Pacific region. Phillip’s experience involves cases under prominent arbitration rules including UNCITRAL, HKIAC, SIAC, ICC and LCIA.  

His counsel and support include assisting parties in various forms of alternative dispute resolution including mediation, adjudication and conciliation.

Phillip is also experienced at the “front end” of projects including drafting and negotiating EPC and other construction and engineering contracts, sub-contracts, consultant agreements, supply agreements, operation and maintenance agreements, warranties, forms of security (guarantees, letters of credit), novation agreements, and bridging agreements for onshore and offshore aspects of projects.

Experience highlights include the following construction cases.

  • Russian energy company defending against two anti-suit injunctions granted by the Hong Kong High Court in relation to Hong Kong seated arbitration proceedings concerning the development of Euro10 billion gas projects in Russia including claims arising out of termination of EPC contracts.
  • Domestic arbitration between contractor and sub-contractor regarding claims concerning airport project.
  • Specialist contractor in Hong Kong court proceedings against project company for high profile Hong Kong building project resisting injunction to prevent winding up proceedings based on breach of statutory demand.
  • Italian contractor in litigation proceedings in the Hong Kong court concerning disputes with a sub-contractor arising out of foundation works for a power station in Hong Kong.
  • Australian materials supplier in Hong Kong arbitration proceedings and mediation against main contractor for claims arising out of Macau casino project
  • High Net Worth Individual in Hong Kong arbitration proceedings for claims arising out of development of residential home (value approx. HK$2.2 billion) against Hong Kong contractor for delay and defects.
  • Hong Kong subcontractor in Hong Kong High Court proceedings to injunct call on performance bond and arbitration proceedings for claims arising out of Macau casino project.
  • Hong Kong listed construction company in arbitration proceedings in Hong Kong against a sub-contractor involving HK$700 million (approx.) of claims arising out of works associated with the Hong Kong to Guangzhou Express Rail Link project.
  • Hong Kong main contractor in arbitration proceedings in Hong Kong against developer for claims arising out of residential development including claims arising out of changes to top-down foundation works.
  • Hong Kong sub-contractor in arbitration proceedings on claims against an incorporated owner arising out of a HK$50 million building refurbishment contract.
  • Incorporated Owner of a luxury private residential building in Hong Kong High Court proceedings against an architect for professional negligence in respect of building refurbishment works.
  • Macau construction company in arbitration proceedings in Hong Kong against a nominated sub-contractor arising out of a HK$12 billion casino project for claims concerned with the installation of the mechanical and electrical services – totalling approximately HK$70 million.
  • Property Developer in arbitration proceedings concerning HK$80 million dispute over a luxury property development in Hong Kong.
  • Australian listed company defending Hong Kong High Court proceedings brought by a joint venture partner concerning disputes arising out of the construction of a mineral processing facility in Vietnam.
  • Contractor in a high-profile HK$700 million arbitration against the Hong Kong Housing Authority concerning defective large diameter bored pile foundation works.
  • Contractor in a large-scale arbitration involving a claim in excess of HK$1 billion against a Singaporean developer arising out of defective bored pile foundation works.
  • Contractor in High Court proceedings against the provider of a bond securing the performance of a sub-contractor in relation to the construction of large diameter bored piles.
  • Contractor in an arbitration against a design landscaping sub-contractor in connection with the construction of a major theme park.
  • Contractor on disputes with the Hong Kong Government in relation to valuation principles under a long-term construction and maintenance contract.
  • Hong Kong / Singapore joint venture in relation to complex extension of time, variations and defects claims exceeding HK$500 million arising out of a multi-phased residential development in Hong Kong.
  • Government client defending UNCITRAL arbitration proceedings seated in Malaysia in connection with a damages claim in excess of US$3 billion arising out of the termination of a project development agreement and related mining contracts for a 1400 MW lignite-fired power plant in the Democratic Republic of Laos.
  • International civil engineering/contractor in and arbitration under the HKIAC Rules claiming HK$80 million for prolongation costs arising out of disruption to progress caused by unforeseen ground conditions.
  • International civil engineering/contractor in two related arbitrations under the HKIAC Rules defending claims brought by a sub-contractor totalling approximately HK$20 million.
  • Joint venture main contractor in relation to potential arbitration proceedings under HKIAC Rules against a major Mainland Chinese bridge building subcontractor in relation to disputes arising out of HK$200 million subcontract for the fabrication, assembly, delivery and installation of segments for one of the world’s longest span cable-stayed bridges being constructed in Hong Kong.
  • Joint venture of contractors undertaking large scale reclamation works in Hong Kong in relation to approximately HK$200 millionin prolongation cost claims arising out of disruption to the progress of the works.
  • Korean chaebol in a successful appeal to the Hong Kong Court of Final Appeal involving the interpretation of a contract associated with dredging works for a new container port.
  • Korean chaebol in arbitration proceedings in Hong Kong defending claims from a property developer for alleged defects in a new property development.
  • Mainland Chinese contractor in Singapore arbitration under ICC Rules against a Vietnamese-Japanese joint venture cement production company to recover claims and damages arising out of the construction of a cement processing plant in Vietnam
  • Main Contractor in proceedings. commenced by a piling subcontractor in the High Court of Hong Kong seeking additional compensation for alleged additional works and loss and expense for prolongation and disruption to sub-contract works in connection with the Pok Oi Hospital Redevelopment and Expansion, Yuen Long, New Territories.
  • Main contractor in ad hoc arbitration proceedings against a Hong Kong Statutory authority in relation to major contract packages concerning significant expansion works to Hong Kong International Airport.
  • Oil & Gas Major in claims against a Chinese state-owned oil company arising out of a joint investment to develop sour gas fields in Sichuan Province, PRC.
  • PRC/Hong Kong Contractor on multiple disputes arising out of the construction of a movie production centre – disputes include claims for extensions of time and valuation of variations.
  • US oil/energy company pursuing a US$60 million claim for delay related damages and defending a US$50 million claim by an Australian main contractor for prolongation and acceleration costs in relation to the engineering, procurement and construction of a geothermal power plant in South East Asia. The disputes and difference were successfully settled by mediation in Singapore.