Background Scenario

You are the project quantity surveyor of Brilliant Construction International Ltd. (“BCI”). BCI is the Contractor responsible for the construction of a private residential development owned by Rich Development Ltd. (“RD”), the Employer. This development comprises 2 levels of basement carpark and a 30-storey high residential block (1 level of podium for main entrance and clubhouse; 28-storey tower for 112 nos. residential flats; 1 level of sky garden under tower at Stubbs Road, Hong Kong (the “Works”) with a total construction floor area of 12,800m2. The Works are to be completed within a contract period of 32 months.

The Employer (RD) and the Contractor (BCI) has signed a written contract adopting the Agreement & Schedule of Conditions of Building Contract for use in Hong Kong Special Administrative Region, Private Edition - With Quantities 2005 Edition (the “SFBC 2005”). The Contract Sum is HK$400 million.

The Employer has appointed Good Design Ltd. (“GD”) as the Architect of the development responsible for the design, supervision and administration of the Works under a traditional procurement method. The Employer also engaged Professional Surveyors Ltd. (“PS”) to assist the Architect in the performance of contract administration works as required under SFBC 2005.

Part 1

Write an essay to analyse the respective responsibilities and obligations of the contracting parties under the construction contract and the common law. You are required to use case law to illustrate your answer (if applicable) and make all references using Harvard method.