Agreement And Conditions Of Contract For Building Works Template for Hong Kong

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Key Requirements PROMPT example:

Agreement And Conditions Of Contract For Building Works

I need an Agreement and Conditions of Contract for Building Works for a 30-story commercial building project in Kowloon, Hong Kong, with a contract value of HKD 500 million and planned completion in March 2025, including specific provisions for green building certification and BIM requirements.

Document background
The Agreement And Conditions Of Contract For Building Works is a fundamental document used in Hong Kong's construction industry for managing building projects of various scales. It serves as the primary contract document between project owners and contractors, incorporating local construction laws, regulations, and industry best practices. This document is particularly suited for projects requiring detailed terms and conditions, comprehensive project management procedures, and clear allocation of risks and responsibilities. It addresses specific requirements of Hong Kong's building regulations, including compliance with the Buildings Ordinance and related legislation. The document typically includes provisions for project execution, payment mechanisms, quality standards, dispute resolution, and other essential aspects of construction project management, while reflecting Hong Kong's unique construction industry practices and legal framework.
Suggested Sections

1. Parties: Identification and details of the Employer and the Contractor

2. Background: Context of the agreement and brief description of the construction project

3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation

4. Contract Documents: Hierarchy and list of documents forming part of the contract

5. Contractor's Obligations: General and specific obligations of the contractor including quality standards and workmanship

6. Employer's Obligations: Responsibilities and obligations of the employer including site access and payments

7. The Contract Administrator: Role, powers, and duties of the contract administrator/architect

8. Time and Programme: Commencement, completion dates, extensions of time, and programming requirements

9. Variations: Procedures for handling changes to the works and valuation of variations

10. Payment Provisions: Payment terms, procedures, certificates, and retention provisions

11. Insurance and Indemnities: Required insurance coverage and indemnification obligations

12. Suspension and Termination: Grounds and procedures for suspension and termination of the works

13. Defects and Warranties: Defects liability period, rectification procedures, and warranty obligations

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

15. General Provisions: Miscellaneous legal provisions including notices, governing law, and assignment

Optional Sections

1. Performance Bond: Required when project value exceeds certain threshold or when employer requires additional security

2. Parent Company Guarantee: Included when contractor is a subsidiary company and additional financial security is required

3. Nominated Subcontractors: Required when employer wishes to nominate specific subcontractors for certain works

4. Sectional Completion: Included when different parts of the works have different completion dates

5. Liquidated Damages: Specific provisions for pre-determined damages in case of delay, if required

6. Environmental Protection: Additional environmental requirements beyond statutory compliance

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

8. Government Regulations: Special provisions for projects involving government departments or regulations

9. Value Engineering: Included when specific provisions for cost optimization are required

10. Special Safety Requirements: Additional safety provisions beyond statutory requirements

Suggested Schedules

1. Schedule 1: Contract Particulars: Key project information including contract sum, completion date, and parties' details

2. Schedule 2: Contract Drawings: List and copies of all drawings forming part of the contract

3. Schedule 3: Specifications: Detailed technical specifications for materials and workmanship

4. Schedule 4: Bills of Quantities: Detailed breakdown of quantities and rates for the works

5. Schedule 5: Schedule of Rates: Rates for valuation of variations and additional works

6. Schedule 6: Programme of Works: Detailed construction programme with key milestones

7. Schedule 7: Insurance Requirements: Detailed insurance requirements and minimum coverage amounts

8. Schedule 8: Forms of Bonds and Guarantees: Templates for performance bond and other guarantees

9. Appendix A: Site Information: Details about the construction site including surveys and ground conditions

10. Appendix B: Quality Assurance Requirements: Specific quality control and assurance procedures

11. Appendix C: Health and Safety Requirements: Detailed health and safety requirements and procedures

12. Appendix D: Environmental Requirements: Environmental protection measures and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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 Property

Residential Property

Industrial Development

Public Works

Urban Renewal

Healthcare Facilities

Educational Facilities

Relevant Teams

Legal

Construction

Commercial

Procurement

Project Management

Engineering

Risk & Compliance

Finance

Technical Services

Operations

Quality Assurance

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Quantity Surveyor

Architect

Civil Engineer

Structural Engineer

Commercial Director

Legal Counsel

Risk Manager

Procurement Manager

Site Supervisor

Technical Director

Development Manager

Compliance Officer

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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