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Subcontractor Contract Form for Hong Kong

Subcontractor Contract Form Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and regulates the relationship between a main contractor and a subcontractor for the execution of specified works or services. The document incorporates key provisions required under Hong Kong's construction and employment legislation, including payment terms, work specifications, safety requirements, and dispute resolution mechanisms. It provides a structured framework for managing subcontracted works while ensuring compliance with local regulations and industry standards.

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Subcontractor Contract Form

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What is a Subcontractor Contract Form?

The Subcontractor Contract Form is essential for projects in Hong Kong where main contractors delegate specific portions of work to specialized subcontractors. This document is designed to comply with Hong Kong's common law system and relevant ordinances, including the Construction Industry Council Ordinance and Security of Payment Legislation. The contract form includes comprehensive provisions for scope definition, payment mechanisms, quality standards, and risk allocation, while incorporating specific requirements for Hong Kong's construction industry. It's particularly crucial for protecting both parties' interests in complex projects and ensuring clear communication of responsibilities, timelines, and deliverables. The document should be used whenever a main contractor engages a subcontractor for specialized works, ensuring proper documentation of the agreement and compliance with local regulatory requirements.

What sections should be included in a Subcontractor Contract Form?

1. Parties: Identification of the main contractor and subcontractor, including full legal names and registration details

2. Background: Context of the main contract and the need for subcontracting

3. Definitions: Definitions of key terms used throughout the contract

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

5. Contract Sum and Payment Terms: Amount payable, payment schedule, and payment conditions

6. Time for Completion: Project timeline, milestones, and completion dates

7. Subcontractor's Obligations: Key responsibilities including quality standards, workforce, materials, and compliance requirements

8. Main Contractor's Obligations: Responsibilities of the main contractor including site access, information provision, and coordination

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

10. Insurance and Indemnity: Insurance requirements and indemnification obligations

11. Defects Liability: Responsibility for defects and rectification period

12. Termination: Grounds and procedures for contract termination

13. Dispute Resolution: Methods and procedures for resolving disputes

14. General Provisions: Standard contractual provisions including notices, governing law, and entire agreement

What sections are optional to include in a Subcontractor Contract Form?

1. Performance Bond: Required when additional security for performance is needed

2. Intellectual Property Rights: Needed when the works involve design or creative elements

3. Environmental Requirements: For projects with specific environmental compliance needs

4. Quality Assurance: For projects requiring specific quality management systems

5. Health and Safety Requirements: Detailed safety requirements for high-risk or complex projects

6. Liquidated Damages: When specific damages for delay or non-performance need to be pre-agreed

7. Parent Company Guarantee: When additional financial security is required from the subcontractor's parent company

What schedules should be included in a Subcontractor Contract Form?

1. Schedule 1 - Scope of Works: Detailed specifications and drawings of the works to be performed

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

3. Schedule 3 - Program of Works: Detailed timeline and milestone dates

4. Schedule 4 - Site Rules and Regulations: Specific rules and requirements for working on site

5. Schedule 5 - Quality Standards: Specific quality requirements and standards to be met

6. Schedule 6 - Form of Payment Application: Standard form for submitting payment claims

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

8. Appendix A - Key Personnel: List of key personnel from both parties

9. Appendix B - Required Submittals: List of documents and certificates to be submitted by the subcontractor

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

Property Development

Building Services

Interior Fit-out

Telecommunications

Manufacturing

Industrial Works

Utilities

Renewable Energy

Relevant Teams

Legal

Procurement

Operations

Commercial

Construction Management

Project Management

Contract Administration

Risk & Compliance

Technical Services

Finance

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Procurement Manager

Site Supervisor

Commercial Director

Operations Manager

Project Engineer

Quantity Surveyor

Risk Manager

Compliance Officer

Technical Director

Chief Operating Officer

Commercial 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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