Construction & Building Disputes
115 cases · November 1998 to July 2026
Overview
Construction & Building Disputes appears in 115 reported Hong Kong judgments (1998–2026).
Disputes over construction projects, building works, defects and building safety.
Construction and building disputes concern the many things that can go wrong on a building project: claims for unpaid work and retention monies, disputes over variations and delay, defective workmanship and remedial costs, professional negligence by architects and engineers, and questions of building safety and unauthorised works. Because construction contracts frequently provide for arbitration, a good deal of the court work involves the interface between litigation and arbitration, together with the enforcement of security such as performance bonds. The disputes are governed principally by the general law of contract and negligence, supplemented by the Buildings Ordinance and its regulatory regime for building works and safety.
Hong Kong maintains a specialist Construction and Arbitration List in the Court of First Instance, which handles the larger and more technical matters, while lower-value building claims proceed in the District Court and certain building safety and land questions come before the Lands Tribunal. Appeals lie to the Court of Appeal and, on points of general importance, the Court of Final Appeal.
Authorities such as [2024] HKCFI 45 and [2024] HKDC 459 illustrate the courts' handling of construction contract and building works disputes, while [2021] HKCFA 14 addresses issues arising from a construction company's insolvency and [2024] HKCA 873 concerns a decision of a buildings appeal tribunal.
Court Distribution
Across 5 courts.
Key Cases
Most-cited 60 of 115How many Construction & Building Disputes cases are reported in Hong Kong courts?
115 reported Hong Kong judgments (1998–2026) involve Construction & Building Disputes.
How are disputes over unpaid construction work resolved?
A contractor or subcontractor seeking payment for work done may bring a claim in contract for the sums due, including retention monies and the value of variations. Where the contract contains an arbitration clause, the dispute may have to be referred to arbitration rather than litigated. The court or tribunal examines the contract terms, the scope of the work actually performed, any certified sums, and defences such as defective work or set-off before determining what is payable.
Who is responsible for defective building works?
Responsibility depends on the contractual chain and on the standards each party undertook. A contractor may be liable for breaching an obligation to carry out work with proper materials and workmanship, while design professionals may be liable in contract and negligence for defective design or supervision. The Buildings Ordinance regime also governs the authorisation and safety of works. Establishing liability usually requires expert evidence on the cause of the defect and the cost of remedial works.
What is the role of the Construction and Arbitration List?
The Construction and Arbitration List is a specialist list in the Court of First Instance for building, engineering and arbitration-related disputes. It provides case management by judges familiar with the technical and documentary nature of construction claims, and it handles arbitration applications such as enforcement and challenges to awards. The list is designed to deal efficiently with matters that are often document-heavy and dependent on expert evidence.