Portrait of James Niehorster

James Niehorster

利奧達大律師

Call: 2001 (Hong Kong), 1998 (UK)

About James

Listed as preeminent Junior Counsel for Construction and Infrastructure Barristers – Hong Kong in the Doyle’s Guide

"A talented and exceedingly capable advocate" – Ranked Tier 1 in the Legal 500 

James is practicing out of Pacific Chambers with a specialist practice in construction law and arbitration. 

He has been instructed and appeared in numerous construction matters in arbitration, the High Court (Court of First Instance and the Court of Appeal) and various regulatory bodies. Occasional appearances on criminal matters in the District Court and High Court.  

James is dual qualified as a Chartered Quantity Surveyor with over 35 years experience of the construction industry with extensive experience acting for employers, contractors and sub-contractors on a wide variety of building and civil engineering projects (including high-rise buildings and large-scale highway, tunneling, port, aviation and railway works). Particular experience in matters of programming/ delay analysis and quantum/ valuation of variations.

Before starting practice as a barrister in 2007, James was a partner with EC Harris (now Arcadis) during which time he provided contract advice and dispute management services on some of the world’s large international construction projects including Hong Kong International Airport (C320 and C420), Taiwan High Speed Rail Link (Contracts C291 and C295), Dublin Port Tunnel and Baku-Tbilisi-Ceyhan Oil Pipeline

Appointment

  • Founding Chairman of the Society of Construction Law Hong Kong in 2000/ 2001
  • Chairman of the Hong Kong Gray’s Inn Association

Selected Cases

  • W v. Contractors [2024] 3 HKLRD 179
  • Re Hsin Chong Construction Co Ltd [2021] 5 HKLRD 48
  • Maeda Kensetsu Kogyo Kabushiki Kaisha also known as Maeda Corporation and Another v. Bauer Hong Kong Ltd [2020] 5 HKLRD 328
  • Maeda Kensetsu Kogyo Kabushiki Kaisha also known as Maeda Corporation and Another v. Bauer Hong Kong Ltd [2019] 3 HKLRD 264
  • Acting for an international logistics company in connection with a logistics warehouse in Tuen Mun concerning a final account dispute and defect rectification
  • Acting for a nominated sub-contractor in a name-borrowing arbitration against a Mainland Developer
  • Acting for an engineering consultancy in connection with the Shenzhen Bay Bridge
  • Acting for a foundations sub-contractor in connection with a large reclamation project in Tung Chung
  • Acting for a specialist curtain walling sub-contractor in arbitration proceedings arising from claims for unlawful repudiation in connection with the refurbishment of the Peak Galleria
  • Acting for a Hong Kong contractor in a dispute with a developer concerning a prestigious private residence located on the southside of Hong Kong Island
  • Acting for a large Chinese conglomerate developer based in Hong Kong in arbitration proceedings in a dispute with a Hong Kong contractor in connection with serious defects arising in a 77 unit luxury development in Kadoorie Avenue, Kowloon
  • Acting for a Registered Structured Engineer before a Buildings Department Disciplinary Panel in connection with the collapse of a footbridge on a private residential development in Kowloon
  • Acting for the West Kowloon Cultural District Authority in court proceedings in connection with a call on performance bond provided by the contractor of the M+ Museum
  • Advising and acting for a multinational logistics company in arbitration proceedings in a dispute with a Hong Kong contractor concerning alleged defects in a substantial logistics warehouse located on Stonecutters Island
  • Acting for an international main contractor in arbitration proceedings brought by various sub-contractors in connection with the construction of the West Kowloon Terminus of the XRL railway
  • Acting for multinational professional services firm in relation to a professional negligence claim arising out of specialist electrical, mechanical and HVAC works for the West Kowloon Terminus of the XRL railway
  • Acting for multinational professional services firm in relation to a professional negligence claim arising out of the design and supervision of the construction of an iconic bridge in Hong Kong resulting in alleged defects therein
  • Acting for Mass Transit Railway Corporation Limited in a mediation with a Hong Kong Joint Venture in connection with two stations and tunnelling for the South Island Line
  • Acting for the Mass Transit Railway Corporation Limited in a mediation with a Hong Kong contractor in connection with a tunnelling contract for the XRL railway
  • Acting for a Hong Kong Joint Venture in a dispute arising out of a piling sub-contract relating to the construction of a police station on the site of an old airport in Kowloon, Hong Kong
  • Acting in Hong Kong court proceedings in relation to applications concerning arbitration awards made in respect of disputes arising out of the construction of the XRL railway project between Hong Kong and Beijing (seat of arbitration Hong Kong)
  • Acting for a Hong Kong contractor in a dispute with a developer concerning a proposed industrial development in Quarry Bay, Hong Kong arising out of the contractor's termination of the contract for non-payment
  • Acting for a large sub-contractor in court proceedings arising from a claim by a labour only sub-contractor for the supply of goods and services allegedly rendered in connection with the East Rail Extension of the MTR
  • Acting for German sub-contractor in relation to a dispute with a Chinese and Japanese Joint Venture main-contractor arising out of the construction of the XRL railway project between Hong Kong and Beijing (seat of arbitration Hong Kong)
  • Acting for a Hong Kong company in relation to a dispute with a casino/hotel operator of a casino/hotel complex in Macau concerning allegedly defective curtain walling, including the Hong Kong company's liability under a guarantee
  • Advising (under Macau law) and acting for a Hong Kong company in relation to the suspension of a project in Macau comprising the construction of a casino resort and hotel complex due to financial problems experienced by the USA owners
  • Advising and acting in arbitration proceedings arising from various sub-contract disputes with an international contractor in connection with the construction of a hotel and casino in Macau
  • Acting for a Japanese contractor in arbitration proceedings arising out of a claim for sums allegedly due to a sub-contractor in connection with infrastructure works for the new Kai Tak Cruise Terminal
  • Advising and acting in arbitration proceedings arising out of a dispute between a Hong Kong sub-contractor and an Australian main contractor concerning the construction of an 88km length of highway in the Philippines, with the dispute being subject to Philippine Law
  • Acting for an Australian mining company in relation to a dispute arising in connection with a mining contract for the exploitation of coal at the Khushuut Mine, Mongolia
  • Acting in an arbitration for a Japanese Joint Venture involved in the construction of a Maritime Self Defence Force Base in Djibouti, Africa for the Japanese Defence Force
  • Acting for a Japanese contractor in arbitration proceedings in relation to a claim for monies outstanding from a Hong Kong developer in connection with a private residential unit
  • Acting for Hong Kong Government Department in arbitration proceedings arising out of a dispute with a Hong Kong contractor concerning the laying of water mains in Kennedy Town, Hong Kong Island
  • Acting for Hong Kong Government Department in court proceedings in connection with a claim against a Hong Kong ferry company concerning the development of the Hong Kong Island ferry piers  

Professional Qualifications

  • 2007          Fellow of the Royal Institution of Chartered Surveyors
  • 2007          Fellow of the Chartered Institute of Arbitrators
  • 2007          Fellow of the Hong Kong Institute of Arbitrators
  • 2001          Called to the Bar of the Hong Kong SAR
  • 1998          Called to the Bar of England & Wales by the Honourable Society of Gray’s Inn
  • 1994          Associate of the Chartered Institute of Arbitrators
  • 1993          Associate of the Royal Institution of Chartered Surveyors

Scholarships and Prizes

  • Davis Langdon & Everest Prize for Outstanding Performance: 1991

Education

  • 1998 Bar Finals Examination of England & Wales 
  • 1996 Common Professional Examination of England & Wales 
  • 1996 MSc. in Construction Law and Arbitration (with Merit) 
  • 1991 BSc. (Hons) in Quantity Surveying (First Class)