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Contractor To Subcontractor Contract for Hong Kong

Contractor To Subcontractor Contract Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the contractual relationship between a main contractor and a subcontractor for construction or engineering works. The document outlines the scope of works, payment terms, completion timelines, and respective obligations of both parties while incorporating Hong Kong-specific regulatory requirements, including those from the Construction Industry Council and Buildings Ordinance. It includes provisions for safety compliance, insurance requirements, dispute resolution mechanisms, and various schedules detailing technical specifications and project-specific requirements.

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Contractor To Subcontractor Contract

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What is a Contractor To Subcontractor Contract?

The Contractor To Subcontractor Contract is a fundamental document in Hong Kong's construction industry, used when a main contractor delegates specific portions of a construction project to specialized subcontractors. This document is essential for projects where work needs to be subdivided among specialist contractors while maintaining clear lines of responsibility and accountability. It incorporates Hong Kong's regulatory requirements, including compliance with the Construction Industry Council Ordinance, Buildings Ordinance, and relevant safety regulations. The agreement typically includes detailed specifications, payment mechanisms, completion timelines, and quality standards, while addressing risk allocation and dispute resolution procedures specific to Hong Kong's legal framework. This contract type is particularly important given Hong Kong's complex building environment and the common practice of specialized subcontracting in local construction projects.

What sections should be included in a Contractor To Subcontractor Contract?

1. Parties: Identifies the main contractor and subcontractor, including their registration numbers and addresses

2. Background: Describes the main contract, the project, and the context for the subcontract

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the contract

4. Scope of Works: Detailed description of the subcontractor's works and responsibilities

5. Contract Sum and Payment: Specifies the contract price, payment terms, and mechanisms

6. Time for Completion: Sets out the completion date, milestones, and programming requirements

7. Subcontractor's Obligations: Lists general and specific obligations including quality, safety, and compliance requirements

8. Contractor's Obligations: Specifies the contractor's responsibilities and obligations to the subcontractor

9. Variations: Procedures for handling changes to the scope of works

10. Insurance and Indemnity: Insurance requirements and indemnification provisions

11. Default and Termination: Grounds and procedures for contract termination

12. Dispute Resolution: Procedures for handling disputes including mediation and arbitration

13. General Provisions: Standard contract clauses including notices, governing law, and entire agreement

What sections are optional to include in a Contractor To Subcontractor Contract?

1. Performance Bond: Required when the subcontractor must provide a performance bond

2. Parent Company Guarantee: Included when parent company backing is required for the subcontractor

3. Intellectual Property Rights: Required when the works involve design or technical innovations

4. Confidentiality: Detailed confidentiality provisions for sensitive projects

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

6. Liquidated Damages: Specific provisions for damages in case of delay or performance failure

7. Back-to-Back Provisions: Detailed flow-down provisions from the main contract when required

8. Site Access and Facilities: Detailed provisions about site access when multiple subcontractors are involved

What schedules should be included in a Contractor To Subcontractor Contract?

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

2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of the contract sum and rates

3. Schedule 3 - Programme of Works: Detailed timeline and milestones for the works

4. Schedule 4 - Quality Assurance Requirements: Specific quality standards and testing requirements

5. Schedule 5 - Safety Requirements: Detailed safety procedures and requirements

6. Schedule 6 - Forms and Certificates: Standard forms for payment applications, variations, and completion certificates

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

8. Schedule 8 - Key Personnel: List of key personnel from both parties and their roles

9. Appendix A - Main Contract Extracts: Relevant excerpts from the main contract affecting the subcontract

10. Appendix B - Site Rules and Regulations: Specific site requirements and procedures

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

Engineering

Infrastructure

Real Estate Development

Building Services

Civil Engineering

Electrical and Mechanical

Interior Fit-out

Renovation

Industrial Construction

Commercial Construction

Residential Construction

Relevant Teams

Legal

Commercial

Operations

Procurement

Construction

Project Management

Risk Management

Technical

Contract Administration

Finance

Compliance

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Quantity Surveyor

Commercial Director

Legal Counsel

Site Supervisor

Procurement Manager

Operations Director

Risk Manager

Technical Director

Construction Director

Contracts Administrator

Chief Operating Officer

Project Engineer

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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