Solomon Lam

Call: 2012

Solomon is a practising barrister, chartered civil engineer (CEng), a member of the Institution of Civil Engineers (MICE), a fellow of the Hong Kong Institute of Arbitrators (FHKIArb), a member of the Chartered Institute of Arbitrators (CIArb), and a mediator accredited by HKMAAL and HKIAC. 

Solomon specializes in construction, adverse possession and building management matters. He is regularly instructed to appear in various level of courts, arbitrations, disciplinary boards and building appeals. He was recently instructed as counsel for several arbitrations relating to Macau hotels and casinos.

He was also the junior counsel for the Commission in the Commission of Inquiry into the Construction Works at and near the Hung Hom Station Extension under the Shatin to Central Link Project.


EDUCATION

Bachelor of Engineering (Civil), the University of Hong Kong

Master of Arts in Arbitration and Dispute Resolution, City University of Hong Kong

C.P.E., Manchester Metropolitan University, UK

Postgraduate Certificate in Laws, the University of Hong Kong 

PhD Candidate in Legal Practice, University of Exeter, UK


QUALIFICATIONS

HKMAAL and HKIAC Accredited Mediator

Fellow, Hong Kong Institute of Arbitrators

Member, Institute of Civil Engineers, Chartered Engineer UK 

Member, Chartered Institute of Arbitrators, UK


MEMBERSHIPS

Council member of the Society of Construction Law Hong Kong

Chairman of the Appeal Tribunal Panel (Buildings)

Member of the Committee on Construction Law of the Hong Kong Bar Association


SELECTED CASES

Construction and Arbitration

Sole arbitrator for an insurance dispute

Trial counsel for an arbitration in relation to reclamation works with claims of over HK$100M.

Trial counsel for the contractor claiming against the employer for outstanding payments (HCCT 57/2020)

Junior counsel for a HVAC nominated sub-contractor against the main contractor in a Macau Hotel Project

Junior counsel for an electrical nominated sub-contractor against the main contractor in a Macau Hotel Project

Trial counsel for a nominated sub-contractor against the employer in a Macau Hotel Project

Trial counsel for the developer in an arbitration

Trial counsel for a listed main contractor claimant against the employer in an arbitration case with a claimed amount of HK$70M

Trial counsel for a subcontractor claimant against the employer in a name borrowing arbitration 

Junior counsel for a listed subcontractor in an arbitration with a claimed amount of HK$200M

Trial counsel for the Plaintiff in a High Court construction case (HCCT36/2018)

Trial counsel for the claimant claiming against a factory employer in an arbitration

Trial counsel for a curtain nominated sub-contractor claiming against the employer for payment under direct payment agreement (HCCT 63/2017)

Trial counsel for a sub-contractor claiming against the superior contractor in an arbitration in relation to swimming pool filtration system

Trial counsel for a hotel employer in an arbitration against a fitting out management contractor

Trial counsel for a main contractor in an arbitration in claiming the employer for repudiation and loss of profits with claim amount more than HK$15M 

Trial counsel for the listed main contractor in an arbitration for a WSD project. Successfully defended claims by the sub-contractor and succeeded in counterclaims 

Trial Counsel for an architect in an arbitration successfully defended professional negligence claims by an incorporated owners

Counsel for the plaintiffs in applying an injunction from the High Court in intervening an arbitration between contractors

Junior counsel (led by Mr. Anthony Chan) for resisting the appeal to the High Court on an interim award on jurisdiction (IO of Hamden Court v. Mega Miles Construction Company Ltd [2015] 5 HKC 179)

Junior Counsel (led by Mr. Gary Soo) for the appeal to the High Court on an arbitration award (Po Fat Construction Company Ltd v The Incorporated Owners of Kin Sang Estate (HCCT 15/2013)

Counsel for an E&M contractor at trial in claiming outstanding fees in final account (Fortune Link Engineering Company Limited v Sui Chong Construction & Engineering Company Limited (DCCJ 2929/2012))

Counsel for a fitting out main contractor at trial in defending outstanding fees Lau Kin Sau Trading as Kin Sun Decoration & Eng. Co. v Hung Mau Design & Contracting Ltd (DCCJ 4689/2013)

Counsel for a main contractor at trial in defending outstanding fees and counterclaiming costs of repairing defects (李慶德  雅藝工程有限公司及另一人(DCCJ 3036/2014))

Counsel for the defendant in drafting summons and application to apply for stay of court proceeding in favour of arbitration (DCCJ 2850/2015) (successfully stayed for arbitration)

Counsel for the defendant in the drafting summons and appear before Anthony Chan J to apply for stay of court proceeding in favour of arbitration (HCA1019/2013) (successfully stayed for arbitration)

Counsel for a sub-sub-sub-contractor successfully resisted an injunction applied by superior contractor (HCA 2696/2017)

Counsel for a subcontractor in claiming a main contractor for outstanding fees in the High Court and Court of Appeal (HCCT 33/2007, CACV236/2017)

Disciplinary Actions

Legal adviser to Construction Industry Council for disciplinary actions against contractors

Trial counsel for an authorized person in a disciplinary action under the Buildings Ordinance and junior counsel in the appeal

Junior counsel for the Buildings Department in a registered structural engineer disciplinary action

Junior counsel for the Buildings Department in a registered building contractor disciplinary action

Leading counsel for an architect successfully appealed a disciplinary order (Lok Man Fai v Architects Registration Board [2019] 2 HKLRD 745)

Land and Building Management

Trial counsel for the developer in defending an adverse possession claim (HCA 2080/2017).

Acted as the counsel for the Defendant successfully appealed the decision of the Lands Tribunal in the Court of Appeal and clarified the law in relation to whether a squatter can apply for adverse possession when he had a mistaken belief that he was the owner in Hong Kong (Cheung Kwong Yuen v Sun Hui Fang [2016] 1 HKLRD 464)

Acted as the counsel for the Defendant successfully counterclaimed for adverse possession for the Defendant in the re-trial (Cheung Kwong Yuen v Sun Hui Fang (DCCJ 742/2016))

Acted as trial counsel for the squatter in an adverse possession case (DCMP 1213&1214/2014)

Acted as counsel in the leave to appeal application for the squatter in an adverse possession case (DCCJ 1806/2010)

Acted as counsel for the squatter in setting aside the default summary judgment in an adverse possession case (DCCJ 3463/2018)

Acted for the owner in an adverse possession case (HCA 2080/2017) (attended PTR and trial to be held in September 2021)

Advised the owner in an adverse possession case (DCCJ 825/2019 & DCCJ 1595/2015)

Acted as the counsel for the applicant successfully applied for dismissal of an incorporated owners (富林財務有限公司及另一人  東蘭閣業主立案法團 (LDBM 168/2015)

Acted as counsel for the Plaintiff resisted the Defendant’s leave to appeal application in the District Court and the Court of Appeal in relation to a tenancy dispute involving the law point on estoppel by tenancy (DCCJ 1815/2015 & HCMP 1392/2015)

Acted as the counsel for the appellant in building appeal cases BA 336/2016, BA 860/2011, BA 513/2013, BA 465/2015, BA 311/2014 and BA 285/2015

Acted as the counsel for the appellant to small claims tribunal’s decision in the High Court (聯基新樓業主立案法團 v Yan Yan Motors Limited (HCSA 7/2015)

Others

Junior counsel for the Commission of Inquiry on Shatin Central Link

Acted for the Buildings Department in a building appeal in relation to Braemar Hill Mansion

Competition Commission v W Hing Construction Co Ltd [2021] 3 HKLRD 219 (Court of Appeal, led by Martin Hui SC)

Solomon is a specialist in construction law and adverse possession. He is reliable and easy to work with, and his submissions are detailed and persuasive.

Legal 500 (Hong Kong Bar – Construction and Property), 2024