Legal Risks Faced by Foreign Architectural, Engineering, and Construction Firms in China
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 133, Issue 3
Abstract
The extensive opportunities in China’s construction industry are expected to attract many foreign architectural, engineering, and construction (AEC) firms to her shores. However, these foreign firms may face many legal risks and obstacles, mainly because of the differences in culture and operating environment from their home countries. This study investigates the legal risks that foreign AEC firms encounter when operating in China, and how these risks are managed. Data were collected from 21 foreign (non-Chinese) AEC professionals who have extensive experience in China. Legal risks faced by foreign AEC firms in China include: difficulty in complying with the innumerable laws and regulations at the central, provincial, and local levels of the government; keeping up with new laws and regulations that are constantly being enacted; seeming reluctance of Chinese business associates to enter into binding contracts; and lack of sanctity of contracts and contractual obligations not being carried out fully, leading to disputes. Based on the research findings, a framework for managing legal risks is proposed for use by industry practitioners. The framework recommends to practitioners several measures to manage the legal risks. These include relationship-based strategies like establishing close relationships with the Chinese government officials and Chinese business associates and careful selection of Chinese business partners. It is recommended that foreign AEC professionals adopt the mindset that in China, the contact is to be continuously negotiated and reinterpreted. To achieve this, industry practitioners should provide a substantial contingency sum. It is also important to emplace permanent staff in China so that they can understand the local environment and monitor the changes taking place there.
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Acknowledgments
Hwee Koon Lim and Shallene Lim’s assistance in conducting some interviews in Singapore and China is acknowledged.
References
Bing, L., Tiong, R. L. K., Wong, W. F., and Chew, D. (1999). “Risk management in international construction joint ventures.” J. Constr. Eng. Manage., 125(4), 277–284.
Chen, J. J. (1997). “China’s construction industry and foreign investment.” Build. Res. Inf., 25(1), 5–10.
Chen, M. J. (2001). Inside Chinese business: A guide for managers worldwide, Harvard Business School Press, Boston.
Cheung, S. O., Tam, C. M., Ndekugri, I., and Harris, F. C. (2000). “Factors affecting clients’ project dispute resolution satisfaction in Hong Kong.” Constr. Manage. Econom., 18(3), 281–294.
Edwards, P. J., and Bowen, P. A. (1998). “Risk and risk management in construction: A review and future directions for research.” Eng., Constr., Archit. Manage., 5(4), 339–349.
Glaser, B. G., and Strauss, A. L. (1968). The discovery of grounded theory, Weindenfeld and Nicolson, London.
Heong, H. K. (2004). “Guide to China’s new laws governing foreign contractors and design professionals.” Construction WebLinks, San Francisco, ⟨http://constructionweblinks.com/Resources/Industry_Reports_Newsletters/Jan_19_2004/china.htm⟩ (Oct. 13, 2006).
Ling, F. Y. Y., Ibbs, C. W., and Cuervo, J. C. (2005a). “Entry and business strategies used by international AEC firms in China.” Constr. Manage. Econom., 23(5), 509–520.
Ling, F. Y. Y., Ibbs, C. W., and Hoo, W. Y. (2006). “Determinants of international architectural, engineering, and construction firms’ project success in China.” J. Constr. Eng. Manage., 132(2), 206–214.
Ling, F. Y. Y., Ibbs, C. W., and Kumaraswamy, M. M. (2005b). “Enablers that help foreign architectural, engineering, and construction firms win construction contracts in China.” J. Manage. Eng., 21(2), 63–69.
Llewellyn, K. N. (1931). “What price contract? An essay in perspective.” Yale Law Journal, 40(4), 704–751.
McConnaughay, P. J. (2001). “Rethinking the role of law and contracts in East-West commercial relationships.” Virginia J. of International Law, 41(2), 420–440.
Ministry of Construction. (2002). Regulations on administration of foreign-invested construction enterprises, Government of People’s Republic of China, Beijing.
Pattison, P., and Herron, D. (2003). “The mountains are high and the emperor is far away: Sanctity of contract in China.” American Business Law J., 40(1), 460–510.
Rahman, M. M., and Kumaraswamy, M. M. (2002). “Joint risk management through transactionally efficient relational contracting.” Constr. Manage. Econom., 20(1), 45–54.
Shen, L. Y., Li, Q. M., Drew, D., and Shen, Q. P. (2004). “Awarding construction contracts on multicriteria basis in China.” J. Constr. Eng. Manage., 130(3), 385–393.
Shen, L. Y., Wu, W. C., and Ng, S. K. (2001). “Risk assessment for construction joint ventures in China.” J. Constr. Eng. Manage., 127(1), 76–81.
Shenkar, O. (1990). “International joint ventures’ problems in China: Risks and remedies.” Long Range Plann., 23(3), 82–90.
Wallace, I. N. D. (1995). Hudson’s building and engineering contracts, Vol. 1, Sweet & Maxwell, London.
Wang, S. Q., Tiong, R. L. K., Ting, S. K., and Ashley, D. (1999). “Political risks: Analysis of key contract clauses in China’s BOT project.” J. Constr. Eng. Manage., 125(3), 190–197.
Wang, S. Q., Tiong, R. L. K., Ting, S. K., and Ashley, D. (2000a). “Evaluation and management of foreign exchange and revenue risks in China’s BOT projects.” Constr. Manage. Econom., 18(2), 197–207.
Wang, S. Q., Tiong, R. L. K., Ting, S. K., and Ashley, D. (2000b). “Evaluation and management of political risks in China’s BOT projects.” J. Constr. Eng. Manage., 126(3), 242–250.
World Bank. (2006). Quarterly update of China, World Bank Office, Beijing.
Zhuang, L., Ritchie, R., and Zhang, Q. (1998). “Managing business risks in China.” Long Range Plann., 31(4), 606–614.
Information & Authors
Information
Published In
Journal of Professional Issues in Engineering Education and Practice
Volume 133 • Issue 3 • July 2007
Pages: 238 - 245
Copyright
© 2007 ASCE.
History
Received: Aug 21, 2006
Accepted: Jan 2, 2007
Published online: Jul 1, 2007
Published in print: Jul 2007
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