The General Contractor Contract serves as the primary agreement for construction projects in Hong Kong, establishing the legal and operational framework between the project owner and the main contractor responsible for construction works. This document is essential for any significant construction project, incorporating Hong Kong's specific regulatory requirements, including compliance with the Building Ordinance, Employment Ordinance, and Construction Workers Registration Ordinance. The contract typically includes detailed provisions for project execution, payment mechanisms, quality control, safety requirements, and dispute resolution procedures, all aligned with Hong Kong's common law system and construction industry practices. It's designed to protect both parties' interests while ensuring compliance with local regulations and industry standards, making it suitable for various construction projects ranging from commercial buildings to infrastructure development.
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1. Parties: Identification and details of the employer and the general contractor
2. Background: Context of the project and the basis for entering into the contract
3. Definitions: Defined terms used throughout the contract
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Sum and Payment Terms: Price, payment schedule, and payment mechanisms
6. Project Timeline: Commencement date, completion date, and key milestones
7. Contractor's Obligations: Key responsibilities and duties of the contractor
8. Employer's Obligations: Key responsibilities and duties of the employer
9. Quality Standards and Compliance: Required quality levels and compliance with Hong Kong building regulations
10. Variations and Changes: Procedures for handling changes to scope or specifications
11. Health and Safety Requirements: Safety obligations and compliance with Hong Kong safety regulations
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Defects Liability: Defects notification period and remediation requirements
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration
16. Governing Law: Confirmation of Hong Kong law as governing law
17. Notices: Process and requirements for formal communications between parties
1. Performance Bond: Requirements for performance security, used for larger projects
2. Parent Company Guarantee: Required when contractor is a subsidiary and additional security is needed
3. Intellectual Property Rights: Included when design elements or proprietary methods are involved
4. Environmental Requirements: Added for projects with specific environmental considerations
5. Subcontracting: Detailed provisions when subcontracting is anticipated
6. Liquidated Damages: Specific provisions for delay damages, used in time-critical projects
7. Force Majeure: Extended provisions for unforeseen events, particularly relevant post-COVID
8. Site Security: Additional provisions for high-security or sensitive locations
9. Materials Storage: Specific requirements for projects with significant materials storage needs
10. Working Hours and Noise Control: Additional restrictions for urban or sensitive areas
1. Schedule 1 - Works Specification: Detailed technical specifications of the construction works
2. Schedule 2 - Site Plans and Drawings: Architectural and engineering drawings
3. Schedule 3 - Program of Works: Detailed timeline and sequence of construction activities
4. Schedule 4 - Price Schedule and Bill of Quantities: Breakdown of costs and quantities
5. Schedule 5 - Quality Assurance Plan: Specific quality control procedures and requirements
6. Schedule 6 - List of Approved Subcontractors: Pre-approved subcontractors for specific works
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and coverage limits
8. Schedule 8 - Safety Management Plan: Detailed health and safety procedures
9. Schedule 9 - Forms and Certificates: Standard forms for applications, certificates, and notices
10. Schedule 10 - Performance Specifications: Performance criteria and testing requirements
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Development
Industrial Construction
Infrastructure Development
Public Works
Healthcare Facilities
Educational Institutions
Retail Development
Hospitality Construction
Mixed-use Development
Transportation Infrastructure
Data Center Construction
Relevant Teams
Legal
Construction
Commercial
Operations
Procurement
Finance
Risk Management
Health and Safety
Quality Control
Technical Services
Project Management
Contract Administration
Relevant Roles
Project Director
Construction Manager
Contract Manager
Legal Counsel
Project Manager
Site Supervisor
Quantity Surveyor
Commercial Director
Risk Manager
Procurement Manager
Health and Safety Officer
Quality Control Manager
Finance Director
Operations Director
Technical Director
Compliance Officer
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