The Owner Builder Agreement is a specialized contract used in Hong Kong's construction industry when a property owner takes on the role of managing their own construction project rather than engaging a general contractor. This document is essential when property owners wish to directly oversee construction work while ensuring compliance with Hong Kong's Buildings Ordinance and related regulations. It includes detailed provisions for project management, safety requirements, financial arrangements, and regulatory compliance. The agreement is particularly important as it helps define responsibilities, manage risks, and establish clear communication channels between all parties involved in the construction process. It's designed to protect both the owner-builder and other stakeholders while ensuring the project meets all local building standards and legal requirements.
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1. Parties: Identification of the Owner-Builder and primary contractors/suppliers
2. Background: Context of the construction project and the purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Works: Detailed description of the construction work to be undertaken
5. Project Timeline: Construction schedule, milestones, and completion dates
6. Financial Terms: Payment terms, cost estimates, and payment schedule
7. Responsibilities and Obligations: Specific duties of the owner-builder and other parties
8. Compliance Requirements: Adherence to building codes, permits, and regulatory requirements
9. Insurance and Liability: Insurance requirements and allocation of risks
10. Quality Standards: Construction standards and quality control measures
11. Dispute Resolution: Procedures for handling disputes and conflicts
12. Termination: Conditions and procedures for contract termination
13. General Provisions: Standard legal clauses including governing law and notices
1. Environmental Protection: Environmental requirements and green building standards, used when project has specific environmental commitments
2. Heritage Conservation: Special provisions for projects involving heritage buildings or conservation areas
3. Subcontractor Management: Procedures for managing subcontractors, used when multiple subcontractors are involved
4. Site Security: Special security requirements for high-security or sensitive locations
5. Community Relations: Procedures for managing community impact and communications, used in densely populated areas
6. Intellectual Property: Protection of designs and innovations, used when custom architectural or engineering solutions are involved
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term projects
1. Schedule 1 - Project Specifications: Detailed technical specifications of the construction project
2. Schedule 2 - Site Plans and Drawings: Architectural and engineering drawings, site plans
3. Schedule 3 - Bill of Quantities: Detailed breakdown of materials and quantities
4. Schedule 4 - Payment Schedule: Detailed payment terms and milestone payments
5. Schedule 5 - Construction Timeline: Detailed project timeline with milestones
6. Schedule 6 - Required Permits and Approvals: List of all required regulatory approvals and permits
7. Appendix A - Insurance Requirements: Detailed insurance specifications and coverage requirements
8. Appendix B - Quality Control Procedures: Specific quality control and inspection procedures
9. Appendix C - Safety Standards: Detailed safety requirements and procedures
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