The Building Contract Agreement is a fundamental document in Hong Kong construction projects, essential for formalizing the relationship between employers/developers and contractors. It is typically used for both commercial and residential construction projects where formal contractual arrangements are required for works exceeding certain value thresholds or complexity levels. The agreement incorporates Hong Kong-specific legal requirements, including compliance with the Buildings Ordinance (Cap. 123) and Construction Workers Registration Ordinance (Cap. 583). It provides comprehensive coverage of construction-related matters including payment terms, work quality standards, project timelines, variation procedures, and dispute resolution mechanisms. This document is particularly crucial in Hong Kong's dynamic construction market, where clear contractual frameworks are essential for managing complex building projects and protecting parties' interests.
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1. Parties: Identification of the employer/client and the contractor, including full legal names and addresses
2. Background: Context of the agreement and brief description of the construction project
3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation
4. Contract Sum and Payment: Agreed contract price, payment schedule, retention provisions, and payment procedures
5. Commencement and Completion: Project start date, completion date, and provisions for extensions of time
6. Contractor's Obligations: General and specific obligations including workmanship, materials, and compliance with regulations
7. Employer's Obligations: Client's responsibilities including site access, permits, and information provision
8. Design Responsibilities: Allocation of design responsibilities between parties and design warranty provisions
9. Variations: Procedures for varying works, valuation of variations, and impact on completion date
10. Quality and Inspection: Quality standards, inspection procedures, and testing requirements
11. Health and Safety: Safety requirements, compliance with regulations, and responsibility for site safety
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Defects Liability: Defects notification period, remediation procedures, and warranties
14. Suspension and Termination: Rights and procedures for suspending or terminating the contract
15. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration provisions
16. General Provisions: Miscellaneous clauses including notices, governing law, and entire agreement
1. Environmental Protection: Special environmental requirements and compliance measures, used when project has specific environmental impacts
2. Phased Completion: Provisions for sectional completion and partial possession, used for projects with multiple completion phases
3. Nominated Subcontractors: Provisions relating to employer-nominated subcontractors, used when specific subcontractors are required
4. Performance Bond: Requirements for performance security, used for larger projects or when required by employer
5. Liquidated Damages: Pre-determined damages for delay, used when specific completion dates are crucial
6. Price Fluctuation: Provisions for adjusting prices due to material cost changes, used for longer-term projects
7. Building Information Modeling: BIM requirements and protocols, used when BIM is part of project delivery
8. Heritage Protection: Special provisions for works affecting heritage buildings, used for historical sites
1. Schedule 1 - Contract Particulars: Key project information including contract sum, dates, and party details
2. Schedule 2 - Works Specification: Detailed technical specifications for the construction works
3. Schedule 3 - Drawings: List and copies of contract drawings
4. Schedule 4 - Program of Works: Detailed construction schedule and milestones
5. Schedule 5 - Price Breakdown: Detailed breakdown of the contract sum
6. Schedule 6 - Site Information: Details about the construction site and existing conditions
7. Schedule 7 - Forms and Certificates: Standard forms for payments, variations, and completion certificates
8. Appendix A - Special Conditions: Project-specific amendments to standard conditions
9. Appendix B - Quality Assurance Plan: Detailed quality control and assurance procedures
10. Appendix C - Safety Plan: Site safety management plan and procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Public Works
Urban Renewal
Hospitality
Healthcare Facilities
Relevant Teams
Legal
Construction
Commercial
Procurement
Risk & Compliance
Project Management
Operations
Technical Services
Finance
Property Development
Relevant Roles
Construction Manager
Project Director
Contract Administrator
Legal Counsel
Quantity Surveyor
Project Manager
Site Manager
Commercial Director
Risk Manager
Development Manager
Construction Director
Procurement Manager
Chief Engineer
Compliance Officer
Technical Director
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