Government continues to support owners having engaged Will Power and Prestige
The Police and the Independent Commission Against Corruption stated earlier today (June 10) that they had laid charges against Will Power Architects Company Limited (Will Power) and Prestige Construction & Engineering Co., Limited (Prestige), as well as seven individuals who played different roles in the major maintenance project of Wang Fuk Court. The Government understands that some buildings and housing estates have hired these two companies as consultant or contractor for their building maintenance works. As the individuals and companies involved will no longer be able to perform their duties for the works, the Government is providing appropriate support to assist these owners in following up the relevant works having regard to their circumstances.
Wang Fuk Court, Photo by Bastille Post
For owners who have engaged Will Power as their consultant with the maintenance works commenced, the Urban Renewal Authority (URA) announced yesterday (June 9) that it would provide transitional arrangement free-of-charge for approximately 37 cases that have received URA's building rehabilitation subsidies or support services, so as to assist the owners in engaging an Independent Reviewer to promptly conduct third-party assessment, clarify the fees for the completed but not yet paid works so that the owners' corporations (OCs)/ owners can pay to the contractors, as well as prepare tender documents for the appointment of a new works consultant. As for a few cases that are not URA's original clients, the URA may also provide such transitional arrangement on a fee-paying basis. Please refer to the press release issued by the URA for details (www.ura.org.hk/en/news-centre/press-releases/20260609).
As for cases where Will Power has been engaged as consultant but yet to sign the works contract with the contractor, the owners should first terminate the contract with Will Power, and then consider engaging a new works consultant through the enhanced "Smart Tender" to be launched by the Government and the URA. In this connection, in order to facilitate owners' termination of the consultancy services of Will Power, the Development Bureau (DEVB) has, in consultation with the URA and the Hong Kong Institute of Surveyors (HKIS), compiled a set of reference materials to provide advice to the OCs on the termination of the consultancy services of Will Power and follow-up matters. The District Offices will contact the affected OCs and owners through their district networks to provide relevant reference materials and arrange briefings by the URA and the HKIS to these OCs and owners where necessary.
The Development Bureau, Photo source: reference image
In addition, regarding cases where Prestige has been engaged as the contractor while their consultant is not Will Power, since qualified consultants have been engaged for these maintenance works, the consultants have the responsibility to assist owners in supervising their contractors' work and addressing any issues that arise during the course of the works. Hence, the owners should discuss possible solutions with their consultants, including terminating the existing works contracts, and consider seeking legal advice where necessary. The District Offices will continue to contact the affected OCs and owners through their district networks to provide appropriate support.
If buildings have received Mandatory Building Inspection Scheme notices and the compliance period has expired or will expire shortly, the Buildings Department (BD) will exercise discretion on a case-by-case basis.
The Buildings Department, Photo source: reference image
Furthermore, a DEVB spokesman said that the BD had removed Prestige from the register of general building contractors in February this year. However, this will not exempt Prestige or the relevant individuals from criminal liabilities under the Buildings Ordinance. For contractors, registered inspectors and other involved persons who have violated the Ordinance, the BD will separately take prosecution actions and impose penalties having regard to the investigation results.
