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Construction Contract Agreement Form for Hong Kong

Construction Contract Agreement Form Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the contractual relationship between an employer (project owner) and a contractor for construction works. The document sets out the terms and conditions for the execution of construction projects, including scope of work, payment terms, completion timelines, quality standards, and risk allocation. It incorporates Hong Kong-specific construction regulations and industry practices, providing a framework for project execution while ensuring compliance with local building codes and construction requirements.

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Construction Contract Agreement Form

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What is a Construction Contract Agreement Form?

The Construction Contract Agreement Form is a fundamental document used in Hong Kong's construction industry to establish legally binding obligations between project owners and contractors. This document is essential when undertaking any significant construction project in Hong Kong, whether commercial, residential, or infrastructure-related. It incorporates key provisions required under Hong Kong law and construction regulations, including requirements from the Buildings Ordinance and Construction Workers Registration Ordinance. The agreement covers crucial aspects such as scope of works, payment mechanisms, completion timelines, quality standards, and risk allocation, while ensuring compliance with local building codes and industry practices. It serves as the primary reference document throughout the construction project lifecycle, from commencement to completion and defects liability period.

What sections should be included in a Construction Contract Agreement Form?

1. Parties: Identifies and provides full details of the contracting parties (typically the employer and the contractor)

2. Background: Sets out the context of the agreement and brief description of the project

3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes rules of interpretation

4. Scope of Work: Detailed description of the construction works to be performed by the contractor

5. Contract Sum and Payment Terms: Specifies the contract price, payment schedule, and payment procedures

6. Time for Completion: Sets out the commencement date, completion date, and any milestone dates

7. Contractor's Obligations: Details the contractor's duties, responsibilities, and standard of work required

8. Employer's Obligations: Specifies the employer's duties including site access, permits, and information provision

9. Variations: Procedures for handling changes to the scope of work and their cost implications

10. Extensions of Time and Delays: Mechanisms for dealing with delays and extending the completion date

11. Defects Liability: Contractor's obligations regarding defects and the defects liability period

12. Insurance and Indemnities: Required insurance coverage and indemnification obligations

13. Termination: Grounds and procedures for contract termination by either party

14. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration

15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and relevant jurisdiction

What sections are optional to include in a Construction Contract Agreement Form?

1. Performance Bond: Required when the employer needs additional security for contractor's performance

2. Parent Company Guarantee: Included when the contractor is a subsidiary and additional financial security is needed

3. Design Obligations: Required for design and build contracts where contractor has design responsibility

4. Liquidated Damages: Included when parties agree on fixed damages for specific breaches, particularly delay

5. Environmental Requirements: Detailed environmental obligations for projects with significant environmental impact

6. Building Information Modeling (BIM): Required when BIM is to be used in the project

7. Force Majeure: Detailed provisions for handling force majeure events

8. Retention: Specific provisions for retention money if not covered in payment terms

9. Subcontracting: Detailed subcontracting requirements and restrictions

10. Health and Safety Requirements: Detailed safety provisions for high-risk projects

What schedules should be included in a Construction Contract Agreement Form?

1. Schedule 1 - Contract Particulars: Key project details including contract sum, dates, and party details

2. Schedule 2 - Technical Specifications: Detailed technical requirements and standards for the works

3. Schedule 3 - Drawings: List and copies of all contract drawings

4. Schedule 4 - Programme of Works: Detailed construction schedule and milestones

5. Schedule 5 - Price Schedule/Bills of Quantities: Detailed breakdown of the contract sum

6. Schedule 6 - Site Details: Information about the construction site and access arrangements

7. Schedule 7 - Forms of Bonds and Guarantees: Templates for required bonds and guarantees

8. Schedule 8 - Insurance Requirements: Detailed specifications of required insurance coverage

9. Schedule 9 - Quality Assurance Requirements: Quality control procedures and standards

10. Schedule 10 - Special Conditions: Any project-specific conditions or requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Cost

Free to use
Relevant legal definitions



















































Clauses





































Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial

Healthcare Facilities

Education Facilities

Retail Development

Transportation

Energy and Utilities

Public Works

Relevant Teams

Legal

Construction

Commercial

Procurement

Project Management

Engineering

Risk Management

Technical

Development

Operations

Relevant Roles

Construction Manager

Project Director

Contract Manager

Commercial Director

Legal Counsel

Quantity Surveyor

Project Manager

Site Manager

Chief Engineer

Architect

Risk Manager

Procurement Manager

Technical Director

Construction Director

Development Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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