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Construction Contractor Agreement for Hong Kong

Construction Contractor Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions between a property owner/developer and a construction contractor for the execution of construction works. The document details the scope of work, payment terms, timeline, quality standards, and respective obligations of the parties while ensuring compliance with Hong Kong's building regulations, safety standards, and construction industry requirements. It includes provisions for risk allocation, dispute resolution, and project management procedures specific to the Hong Kong construction industry.

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Construction Contractor Agreement

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What is a Construction Contractor Agreement?

The Construction Contractor Agreement is a fundamental document used in Hong Kong's construction industry to establish a legally binding relationship between property owners/developers and construction contractors. This agreement is essential when engaging a contractor to perform construction works, whether for new buildings, renovations, or infrastructure projects. The document comprehensively addresses all aspects of the construction project, including scope, pricing, timelines, quality requirements, and risk allocation, while ensuring compliance with Hong Kong's Building Ordinance, construction regulations, and safety standards. It includes specific provisions for payment mechanisms, variations, dispute resolution, and defects liability that are customary in Hong Kong's construction industry. The agreement should be tailored to the specific project requirements while maintaining consistency with local construction practices and legal requirements.

What sections should be included in a Construction Contractor Agreement?

1. Parties: Identification of the contracting parties including the employer and the contractor, with their full legal names and registered addresses

2. Background: Context of the agreement including the project overview and the parties' intentions

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the document

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

5. Contract Price and Payment Terms: Agreement on the contract sum, payment schedule, and payment mechanisms

6. Project Timeline: Construction schedule, key milestones, and completion dates

7. Contractor's Obligations: Key responsibilities and obligations of the contractor including quality standards and compliance requirements

8. Employer's Obligations: Key responsibilities and obligations of the employer including site access and information provision

9. Variations: Procedures for handling changes to the scope of work and their impact on price and timeline

10. Quality and Standards: Required quality standards, inspections, and acceptance criteria

11. Health and Safety: Safety requirements and responsibilities in compliance with Hong Kong regulations

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

13. Defects Liability: Defects notification period and rectification procedures

14. Suspension and Termination: Rights and procedures for suspending or terminating the contract

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

16. General Provisions: Standard contractual provisions including notices, governing law, and entire agreement

What sections are optional to include in a Construction Contractor Agreement?

1. Performance Bond: Requirements for performance security, used when project value or risk profile requires additional security

2. Parent Company Guarantee: Guarantee from contractor's parent company, included when contractor's financial strength needs reinforcement

3. Environmental Protection: Specific environmental requirements, included for projects with significant environmental impact

4. Intellectual Property Rights: IP ownership and licenses, included when design or innovative construction methods are involved

5. Liquidated Damages: Pre-agreed damages for delay or performance failure, included when specific losses can be predicted

6. Site Conditions: Detailed provisions about site conditions and underground risks, included for complex site situations

7. Materials and Equipment: Specific requirements for materials and equipment, included when employer wants control over specifications

8. Subcontracting: Rules and restrictions on subcontracting, included when subcontracting needs specific control

9. Force Majeure: Extended force majeure provisions, included when project is particularly susceptible to external risks

10. Confidentiality: Detailed confidentiality provisions, included for projects involving sensitive information or technology

What schedules should be included in a Construction Contractor Agreement?

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings of the works

2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of the contract price including bill of quantities

3. Schedule 3 - Project Timeline: Detailed construction program including milestones and critical path

4. Schedule 4 - Key Personnel: List of key personnel from both parties including roles and responsibilities

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements including types and coverage amounts

6. Schedule 6 - Forms and Certificates: Standard forms for applications, certificates, and notices

7. Schedule 7 - Quality Assurance Plan: Detailed quality assurance and control procedures

8. Schedule 8 - Site Rules and Regulations: Site-specific rules and regulations including safety requirements

9. Schedule 9 - Performance Specifications: Detailed performance requirements and acceptance criteria

10. Appendix A - Drawings: Complete set of construction drawings and specifications

11. Appendix B - Permits and Licenses: Copies of relevant permits, licenses, and authorizations

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

Document Type

Demand Letter

Cost

Free to use
Relevant legal definitions




























































Clauses









































Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Retail Development

Healthcare Facilities

Educational Institutions

Hospitality

Government and Public Works

Relevant Teams

Legal

Operations

Construction

Commercial

Procurement

Risk and Compliance

Project Management

Property Development

Technical Services

Contract Administration

Quality Assurance

Health and Safety

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Property Developer

Development Director

Construction Director

Commercial Director

Quantity Surveyor

Site Manager

Procurement Manager

Risk Manager

Compliance Officer

Operations Director

Technical Director

Chief Operating Officer

General Counsel

Managing Director

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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