The Contractor Agreement For House (Construction) is a specialized legal document designed for use in Hong Kong's residential construction sector. It serves as the primary contract between property owners and construction contractors, establishing their rights, obligations, and responsibilities throughout the building process. This agreement is particularly important in Hong Kong's complex regulatory environment, where strict building codes and safety standards must be adhered to. The document incorporates requirements from the Buildings Ordinance (Cap. 123) and related legislation, while addressing practical aspects such as payment schedules, construction timelines, and quality standards. It's essential for any residential construction project in Hong Kong, providing protection for both parties and ensuring compliance with local construction laws and regulations.
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1. Parties: Identification of the property owner/employer and the contractor, including full legal names and addresses
2. Background: Context of the agreement, including property details and purpose of construction
3. Definitions and Interpretation: Definition of key terms used throughout the agreement and rules of interpretation
4. Scope of Works: Detailed description of construction works to be performed, including specifications and standards
5. Contract Sum and Payment Terms: Total contract price, payment schedule, and payment conditions
6. Commencement and Completion: Project timeline, completion date, and provisions for extensions of time
7. Contractor's Obligations: Key responsibilities including workmanship, materials, safety, and regulatory compliance
8. Employer's Obligations: Property owner's responsibilities including site access, permits, and information provision
9. Variations: Process for managing changes to scope, pricing, and approval of variations
10. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
11. Insurance and Indemnity: Required insurance coverage and indemnification obligations
12. Defects Liability: Defects liability period, rectification obligations, and warranty terms
13. Termination: Grounds and procedures for contract termination by either party
14. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration
15. General Provisions: Standard contract clauses including notices, governing law, and entire agreement
1. Performance Bond: Required when additional security for performance is needed, specifying bond terms and conditions
2. Liquidated Damages: Include when specific compensation for delay or performance failure needs to be pre-agreed
3. Environmental Protection: Detailed environmental requirements for environmentally sensitive projects or locations
4. Subcontracting: Include when subcontracting will be permitted, specifying conditions and approval requirements
5. Site Safety Management: Detailed safety requirements for high-risk or complex projects
6. Intellectual Property Rights: Include when design elements or innovative construction methods are involved
7. Force Majeure: Detailed provisions for handling unforeseen events, particularly relevant in long-term projects
8. Retention: Include when payment retention is required as security for performance
9. Testing and Commissioning: Required for projects involving mechanical, electrical, or specialized systems
1. Schedule 1 - Drawings and Specifications: Detailed construction drawings, technical specifications, and design documents
2. Schedule 2 - Bill of Quantities: Itemized list of materials, quantities, and prices
3. Schedule 3 - Payment Schedule: Detailed breakdown of payment milestones and amounts
4. Schedule 4 - Construction Program: Detailed project timeline, milestones, and critical path
5. Schedule 5 - Site Details: Site plan, access points, utilities information, and site conditions
6. Schedule 6 - Required Insurances: List of required insurance policies and coverage amounts
7. Schedule 7 - Key Personnel: List of key project personnel and their roles/responsibilities
8. Schedule 8 - Permits and Approvals: List of required regulatory permits and approvals
9. Appendix A - Quality Assurance Plan: Detailed quality control procedures and standards
10. Appendix B - Safety Management Plan: Site safety procedures and requirements
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