The Civil Construction Contract Agreement is a fundamental legal document used in Hong Kong's construction industry to establish and govern the relationship between developers/employers and contractors for construction projects. This agreement is essential when undertaking any significant construction work in Hong Kong, whether for commercial, residential, or infrastructure projects. It incorporates local regulatory requirements, including compliance with the Construction Industry Council Ordinance, Buildings Ordinance, and related Hong Kong construction laws. The document typically includes comprehensive provisions for project execution, payment mechanisms, quality standards, risk allocation, and dispute resolution procedures specific to Hong Kong's legal framework. It's designed to protect all parties' interests while ensuring project delivery aligns with local construction standards and practices.
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1. Parties: Identifies and provides full details of the contracting parties (employer and contractor)
2. Background: Contextual information about the project and the purpose of the agreement
3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes interpretation rules
4. Scope of Work: Detailed description of the construction works to be performed
5. Contract Sum and Payment Terms: Specifies the contract price, payment schedule, and payment mechanisms
6. Time for Completion: Establishes project timeline, completion date, and liquidated damages for delay
7. Contractor's Obligations: Details the contractor's responsibilities, including quality standards and compliance requirements
8. Employer's Obligations: Specifies the employer's responsibilities, including site access and information provision
9. Variations: Procedures for handling changes to the scope of work
10. Insurance and Indemnities: Insurance requirements and indemnification obligations
11. Defects Liability: Provisions for rectifying defects during and after construction
12. Termination: Grounds and procedures for contract termination
13. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration
14. General Provisions: Miscellaneous legal provisions including notices, governing law, and entire agreement
1. Performance Bond: Required when project value exceeds certain threshold or employer requires additional security
2. Parent Company Guarantee: Included when contractor is a subsidiary and additional financial security is needed
3. Environmental Protection: Detailed environmental requirements for environmentally sensitive projects
4. Site Safety Management: Enhanced safety provisions for high-risk construction projects
5. Intellectual Property Rights: Required when design elements or proprietary methods are involved
6. Force Majeure: Detailed provisions for handling unforeseen events, particularly relevant in long-term projects
7. Warranties: Special warranties beyond standard defects liability, often for specific equipment or systems
8. Nominated Subcontractors: Provisions for handling employer-nominated subcontractors
1. Schedule 1 - Contract Particulars: Key project details, contract sum, completion date, and party information
2. Schedule 2 - Scope of Works: Detailed technical specifications and drawings
3. Schedule 3 - Programme of Works: Detailed construction schedule and milestones
4. Schedule 4 - Payment Schedule: Breakdown of contract sum and payment milestones
5. Schedule 5 - Site Details: Site information, access points, and restrictions
6. Schedule 6 - Required Insurances: Details of required insurance policies and coverage amounts
7. Schedule 7 - Forms and Certificates: Template forms for variations, completion certificates, and other documents
8. Appendix A - Drawings: Complete set of construction drawings
9. Appendix B - Technical Specifications: Detailed technical requirements and standards
10. Appendix C - Bills of Quantities: Itemized breakdown of quantities and rates
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Public Works
Civil Engineering
Building and Construction
Urban Development
Relevant Teams
Legal
Commercial
Project Management
Operations
Construction
Development
Procurement
Risk Management
Technical
Compliance
Finance
Contract Administration
Relevant Roles
Project Director
Construction Manager
Contract Manager
Legal Counsel
Project Manager
Commercial Director
Development Manager
Risk Manager
Quantity Surveyor
Chief Engineer
Procurement Manager
Operations Director
Technical Director
Compliance Officer
Cost Controller
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