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Subcontractor Agreement (Construction) for Hong Kong

Subcontractor Agreement (Construction) 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 in construction projects. The document sets out the terms and conditions for the execution of specific construction works, including scope, payment terms, timeline, quality requirements, and safety standards. It incorporates relevant Hong Kong construction regulations and industry practices, particularly addressing requirements under the Construction Industry Council Ordinance and Buildings Ordinance. The agreement includes provisions for risk allocation, insurance requirements, dispute resolution, and compliance with local construction and safety regulations.

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Subcontractor Agreement (Construction)

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What is a Subcontractor Agreement (Construction)?

The Subcontractor Agreement (Construction) is a crucial document in Hong Kong's construction industry, used when a main contractor delegates specific portions of construction work to specialized subcontractors. It is essential for projects ranging from commercial buildings to infrastructure developments, ensuring clear delineation of responsibilities and risk allocation. The agreement must comply with Hong Kong's regulatory framework, including the Construction Industry Council Ordinance, Buildings Ordinance, and various safety regulations. It typically includes detailed specifications of work scope, payment mechanisms, quality standards, and dispute resolution procedures. This document is particularly important given Hong Kong's complex construction environment and the common practice of specialized trade subcontracting in local construction projects.

What sections should be included in a Subcontractor Agreement (Construction)?

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

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

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Works: Detailed description of the subcontracted works and deliverables

5. Contract Sum and Payment Terms: Specifies the contract price, payment schedule, and payment conditions

6. Time for Completion: Sets out the completion date, milestones, and provisions for extensions of time

7. Subcontractor's Obligations: Details the subcontractor's duties, including quality standards, materials, and workmanship

8. Main Contractor's Obligations: Outlines the main contractor's responsibilities and support to be provided

9. Safety and Compliance: Specifies safety requirements, regulations compliance, and related obligations

10. Insurance and Indemnities: Details required insurance coverage and indemnification provisions

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

12. Defects Liability: Specifies the defects liability period and remediation requirements

13. Termination: Grounds and procedures for contract termination

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

15. General Provisions: Standard contract clauses including notices, governing law, and assignment

What sections are optional to include in a Subcontractor Agreement (Construction)?

1. Performance Bond: Required when the main contractor demands a performance bond from the subcontractor

2. Parent Company Guarantee: Included when the subcontractor's parent company guarantee is required

3. Materials and Equipment Supply: Detailed when the subcontractor is responsible for significant material or equipment supply

4. Intellectual Property Rights: Required when the works involve design or technical solutions

5. Environmental Requirements: Included for projects with specific environmental compliance needs

6. Labor Supply: Detailed provisions when the subcontractor provides labor-only services

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

What schedules should be included in a Subcontractor Agreement (Construction)?

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

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

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

4. Schedule 4 - Site Rules and Regulations: Specific site requirements and procedures

5. Schedule 5 - Quality Assurance Requirements: Detailed quality standards and inspection procedures

6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage requirements

7. Schedule 7 - Forms and Certificates: Standard forms for applications, certificates, and notices

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

9. Appendix A - Main Contract Excerpts: Relevant portions of the main contract that apply to the subcontract

10. Appendix B - Safety Plan: Detailed safety procedures and requirements

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

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions


























































Clauses



































Relevant Industries

Construction

Engineering

Real Estate Development

Infrastructure

Building Materials

Architecture

Interior Design

Mechanical & Electrical

Civil Engineering

Environmental Services

Relevant Teams

Legal

Operations

Construction

Commercial

Procurement

Risk Management

Health & Safety

Project Management

Contract Administration

Quality Assurance

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Legal Counsel

Quantity Surveyor

Site Supervisor

Procurement Manager

Risk Manager

Commercial Director

Operations Director

Safety Officer

Project Engineer

Construction Director

Claims Manager

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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