Provision of Legal Services on Building Management Related Matters for Properties Managed by MTR Corporation Limited (Contract No.: PQ100873)

Prequalification Invitation

Provision of Legal Services on Building Management Related Matters
for Properties Managed by MTR Corporation Limited
Contract No.: PQ100873

 

  

1.  Background Information

 

MTR Corporation Limited invites qualified law firms to express their interest in tendering for the Provision of Legal Services on Building Management Related Matters for Properties Managed by MTR Corporation Limited in Hong Kong in two packages.  The proposed Contract Period is from 1 January 2024 to 31 December 2026.

2.  The Scope of Services of Each Package includes:

 

Package 1

 

- To advise the Employer on the enforcement of the Deed of Mutual Covenants (DMC) and to take enforcement actions, to defend any counter-claim and/or to take any other steps in court proceedings in relation to breaches and/or other matters arising from or in connection with the DMC, including but not limited to:

 

(a) to issue letters to the owners and/or occupiers requesting ceasing or rectification of the breach;

 

(b) to advise on the merits of actions, defence and/or other steps in court proceedings in relation to breaches and/or other matters arising from or in connection with the DMC and/or;

 

(c) to commence legal proceedings against owners and/or occupiers in breach, to defend any counter-counterclaim and/or to take other steps in court proceedings and have conduct of the case, including the post-judgment stage such as rendering advice and/or taking steps for enforcement of judgment, recovery of costs, handling of appeal and/or other matters arising from or otherwise connected to the legal proceedings.

 

- To take action (including advising on merits, issuing letters and commencing legal proceedings and taking other steps as may be required in legal proceedings) against any individual owner or third party for recovery of loss and damage caused by the particular owner or third party in relation to the properties (including but not limited to common services and facilities), whether it is due to breach of DMC, negligence, nuisance or otherwise.

 

- To act for the Employer and advise the Employer on any legal actions (including criminal prosecutions) taken by any individual owner or a third party or any regulatory authority (e.g. Fire Services Department), arising from and/or in connection with matters relating to the management of the properties and/or performance of the Employer’s duties under the DMC, and defend and take any other steps as may be required in the legal actions and/or criminal prosecutions.

 

- In addition to and without prejudice to the foregoing, to provide miscellaneous general legal services and advice on legal issues and matters the Employer may handle or encounter in relation to or arising from its capacity as the Building Manager of each of the Managed Properties, including but not limited to statutory compliance, contractual issues, tortious issues (such as negligence and defamation) and criminal prosecution, and to commence legal proceedings, to defend and/or to handle other court proceedings and matters and have conduct of the cases, enforcement of judgment and/or other matters arising therefrom.

 

Package 2

 

- To advise the Employer on the enforcement of the Deed of Mutual Covenants (DMC) and to take enforcement actions, to defend any counter-claim and/or to take any other steps in court proceedings and/or handle matters for issues concerning particularly (i) management fee arrears, (ii) noise nuisance, (iii) pets issues, and/or (iv) wrongful occupation of common areas, including but not limited to:

 

  • to issue letters to the owners and/or occupiers requesting ceasing or rectification of the breach;

  • to advise on the merits of actions, defence and/or other steps in court proceedings in relation to breaches and/or other matters arising from or in connection with the DMC;

  • to commence legal proceedings against owners and/or occupiers in breach, to defend any counter-claim and/or to take other steps in court proceedings and have conduct of the case, including the post-judgment stage such as rendering advice and/or taking steps for enforcement of judgment, recovery of costs, handling of appeal and/or other matters arising from or otherwise connected to the legal proceedings.

 

3.  Tentative Key Dates

 

Contract No.

Tender Issue

Tender Return

Contract Award

Contract Completion

Q100873

Q4/2023

Q4/2023

Q4/2023

Q4/2026

 

 

4.  Deadline to Return Prequalification Questionnaire and Information

 

In order to be considered for prequalification, interested parties having relevant resources, qualifications and experience for either one or both packages are requested to express their interest in writing, submit and return two Prequalification Questionnaires for Package 1 and Package 2 with the required document to Ms. Debbie Lee by email to dblee@mtr.com.hk or by hardcopy delivered to 19/F, MTR Headquarters Building, Telford Plaza, Kowloon Bay, Kowloon, Hong Kong, quoting the Ref. “Q100873”, on or before 2:00pm on 28 September 2023 (Hong Kong Time). Interested companies are welcome to download a Prequalification Questionnaire via below link:

Prequalification Questionnaire for Package 1

Prequalification Questionnaire for Package 2

Only qualified companies will be invited to tender.

You should not apply for prequalification as a tenderer for this Contract independently if you intend to act as a supplier, sub-contractor or sub-consultant for another firms, associated firms or company who will apply for the prequalification, or if you are a partner of a joint venture established to seek prequalification for this Contract.

Firms, associated firms or companies having linkage to each other, e.g. subsidiaries, holding or sister companies, shall not apply for prequalification as a tenderer for the same Contract, whether on their own or as a partner of a joint venture. “Sister companies” shall mean all companies which are subsidiaries of or otherwise belonging to the same holding company.  The existence of a holding-subsidiary relationship shall be determined in accordance with the provisions in Sections 13 to 15 of the Companies Ordinance (Cap. 622) of Hong Kong. Companies having linkage to each other shall determine among themselves which company will apply for the prequalification.

 

5.  Other Matters

 

Applicants responding to this advertisement are deemed to have complied with the Personal Data (Privacy) Ordinance in the collection and transfer of personal data to MTR Corporation Limited.  All information submitted including personal data, will be used by MTR Corporation Limited for the prequalification of tenderers for this Contract.

For enquiries, please contact Ms Debbie Lee on (852) 2993 8666 or by email to dblee@mtr.com.hk.