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Nominated Subcontractor Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Nominated Subcontractor Agreement

I need a Nominated Subcontractor Agreement for a major HVAC installation package on a Hong Kong hospital project, with specific provisions for medical facility compliance and phased completion across different hospital wings during March-December 2025.

Document background
The Nominated Subcontractor Agreement is a crucial document in Hong Kong construction projects where specialized works require particular expertise or suppliers specifically chosen by the employer or architect. This agreement type is commonly used in complex construction projects where the employer wishes to maintain control over the selection of specialized subcontractors while keeping them under the main contractor's coordination and supervision. The document establishes the contractual framework between the main contractor and the nominated subcontractor, detailing their respective rights, obligations, payment mechanisms, and coordination requirements. Key features include provisions for direct payment mechanisms, quality control, programming of works, and dispute resolution procedures, all aligned with Hong Kong construction law and practice. The agreement ensures clear delineation of responsibilities while maintaining the essential coordination role of the main contractor.
Suggested Sections

1. Parties: Identifies the main contractor and nominated subcontractor as the contracting parties

2. Background: Explains the context of the nomination, including reference to the main contract and the employer's nomination

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Scope of Subcontract Works: Detailed description of the works to be performed by the nominated subcontractor

5. Contract Documents: Hierarchy and list of documents forming the subcontract

6. Main Contractor's Obligations: Key responsibilities of the main contractor including coordination and site access

7. Subcontractor's Obligations: Core duties including workmanship, compliance with specifications, and coordination

8. Programme and Progress: Timeline, milestones, and progress reporting requirements

9. Quality and Inspection: Quality standards, testing requirements, and inspection procedures

10. Variations: Procedures for handling changes to the subcontract works

11. Payment Terms: Payment mechanisms, timing, and conditions for payment

12. Completion and Defects: Completion requirements and defects liability obligations

13. Insurance and Indemnity: Insurance requirements and indemnification provisions

14. Termination: Grounds and procedures for termination

15. Dispute Resolution: Methods and procedures for resolving disputes

Optional Sections

1. Performance Bond: Required when the employer/main contractor requires security for performance

2. Parent Company Guarantee: Included when additional financial security is required from the subcontractor's parent company

3. Design Obligations: Included when the subcontractor has design responsibilities

4. Intellectual Property Rights: Required when the subcontract works involve significant design or innovative solutions

5. Environmental Requirements: Added when specific environmental compliance or green building standards apply

6. Building Information Modeling (BIM): Included when BIM is required for the project

7. Nominated Suppliers: Required when there are nominated suppliers to the nominated subcontractor

8. Liquidated Damages: Included when specific damages for delay or performance failures are to be pre-determined

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed specification and description of the subcontract works

2. Schedule 2 - Contract Price and Payment Terms: Breakdown of contract sum, payment schedule, and pricing details

3. Schedule 3 - Programme: Detailed timeline and milestone dates

4. Schedule 4 - Site Requirements: Site-specific requirements and restrictions

5. Schedule 5 - Technical Submittals: List of required technical submissions and approval procedures

6. Schedule 6 - Quality Assurance Requirements: Specific quality control and assurance requirements

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

8. Schedule 8 - Forms and Certificates: Standard forms for applications, certificates, and notices

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

10. Appendix B - Drawings and Specifications: Technical drawings and specifications for the subcontract works

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

Relevant legal definitions


















































Clauses















































Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Building

Residential Development

Industrial Construction

Healthcare Construction

Education Construction

Government Projects

Transportation Infrastructure

Relevant Teams

Legal

Construction

Commercial

Operations

Procurement

Contract Administration

Project Management

Risk Management

Technical Services

Finance

Relevant Roles

Construction Manager

Project Director

Contracts Manager

Commercial Manager

Project Manager

Quantity Surveyor

Contract Administrator

Legal Counsel

Construction Lawyer

Risk Manager

Procurement Manager

Technical Director

Operations Manager

Site Manager

Chief Executive Officer

Commercial 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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