Amended PRC Renewable Energy Law – Fresh Winds for Renewable Power Investment?
Throughout the ongoing financial crisis, and in spite of the glum news all around, I continued to receive fresh inquiries from prospective investors interested in the wind power industry in China. Small wonder, as this industry has doubled in size every year since 2006.
Last year, my observation on investment in the wind power industry was that the timing might be right, but investors should be patient and be prepared for challenges.
In fact, some international wind farm developers have pulled out under the pressure of continuing low returns on investment.
Some of the major causes of low returns are as follows:
(a) difficult grid connection – the grid enterprises managing the state monopo [...]
New Tort Law Firms up Liability for Tofu Buildings
On 26 December 2009, the PRC Tort Liability Law (the “Tort Law”) was promulgated following a seven-year period of discussions and debate. The law will enter into effect on 1 July 2010.
The Tort Law marks a milestone in PRC legislative history, and will have myriad implications for diverse areas of private and commercial activity.
As a construction lawyer, I am particularly interested in Article 86 of the Tort Law concerning liability for loss and damage caused by collapse of construction works.
Although the Tort Law has been in planning for some time, it seems to have been influenced by some very recent events. Much attention has been focused on the recent milk scandals as a c [...]
A fixed price may not always be fixed in China
I bought a painting a couple of months ago which I really liked. I did not have a place to hang it at the time. The gallery owner was eager to make the sale and so agreed I could pick it up later when I had found a place to hang it. So I agreed a price with the gallery owner and paid her a 10% deposit. When I turned up to collect the painting recently, the gallery owner sheepishly asked if I could pay a little more for the painting. The reason she gave was that her landlord had increased her rent significantly and she was struggling to keep the gallery going. I had also driven a hard bargain on the price. I was a little annoyed by the request but agreed to pay 10% more as the gall [...]
The Foreign Project Consultant as Jian Li
Many years ago, I saw a Chinese construction contract for the first time, and there was mention of a person called a “Jian Li” in the contract. I asked myself – what strange creature is this Jian Li?
The literal meaning of Jian Li in Chinese is “project supervisor” and it refers to someone engaged by the owner to supervise the contractor on matters like construction quality, progress of works and cost control. The Jian Li’s main role is really to ensure that a project is constructed safely and to the quality standards as required under law. The appointment of a Jian Li is mandatory for certain types of construction projects in China, for example projects funded by international [...]
