Construction Company Contracts are essential legal documents that govern the relationships between various parties involved in construction projects in Hong Kong. These contracts are structured to comply with Hong Kong's common law system and specific construction industry regulations, including the Buildings Ordinance (Cap. 123) and Construction Workers Registration Ordinance (Cap. 583). The document is typically used when engaging contractors for construction projects, whether for new builds, renovations, or infrastructure works. It includes comprehensive provisions for project execution, risk allocation, payment mechanisms, and dispute resolution, while incorporating Hong Kong-specific requirements for construction safety, worker registration, and environmental protection. The contract can be customized based on project size, complexity, and specific requirements while maintaining compliance with local legal and regulatory frameworks.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief project overview
3. Definitions and Interpretation: Defined terms and interpretation rules
4. Scope of Works: Detailed description of construction works to be performed
5. Contract Sum and Payment Terms: Price, payment schedule, and payment mechanisms
6. Time for Completion: Project timeline, milestones, and completion dates
7. Contractor's Obligations: General and specific obligations of the contractor
8. Employer's Obligations: General and specific obligations of the employer
9. Variations: Procedures for changes to scope and pricing
10. Insurance and Indemnities: Required insurance coverage and indemnification provisions
11. Defects Liability: Defects notification period and remediation procedures
12. Health and Safety: Safety requirements and compliance with regulations
13. Termination: Grounds and procedures for contract termination
14. Dispute Resolution: Procedures for handling disputes and jurisdiction
15. Force Majeure: Provisions for unforeseen circumstances and their handling
16. Governing Law: Specification of Hong Kong law and jurisdiction
1. Design Responsibilities: Include when contractor has design obligations
2. Intellectual Property Rights: Include when design or proprietary methods are involved
3. Performance Bond: Include when security for performance is required
4. Liquidated Damages: Include when specific damages for delay are to be pre-agreed
5. Nominated Subcontractors: Include when employer nominates specific subcontractors
6. Environmental Protection: Include for projects with significant environmental impact
7. Quality Assurance: Include when specific quality standards are required
8. Building Information Modeling: Include when BIM is required for the project
9. Testing and Commissioning: Include for projects requiring specific testing protocols
10. Retention of Title: Include when materials ownership needs specific provisions
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Contract Price Breakdown: Detailed cost breakdown and bill of quantities
3. Schedule 3 - Project Timeline: Detailed program of works and milestones
4. Schedule 4 - Site Information: Site details, access requirements, and conditions
5. Schedule 5 - Key Personnel: List of key personnel and their responsibilities
6. Schedule 6 - Required Insurance: Detailed insurance requirements and coverage levels
7. Schedule 7 - Forms and Certificates: Standard forms for payments, variations, and certificates
8. Schedule 8 - Quality Standards: Specific quality requirements and standards
9. Appendix A - Drawings: Construction drawings and technical diagrams
10. Appendix B - Permits and Licenses: Copies of relevant permits and licenses
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