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1. Parties: Identification of the employer and contractor, including full legal names and addresses
2. Background: Context of the agreement, project overview, and basis for using cost-plus structure
3. Definitions and Interpretation: Definitions of key terms including 'Cost', 'Fee', 'Works', etc. and interpretation rules
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Price Structure: Definition of cost-plus mechanism, including allowable costs and fee calculation
6. Payment Terms: Payment procedures, timing, documentation requirements, and verification process
7. Contractor's Obligations: Key responsibilities including workmanship, compliance with laws, and record-keeping
8. Employer's Obligations: Access to site, permits, approvals, and other employer responsibilities
9. Time for Completion: Project timeline, milestones, and completion requirements
10. Variations: Process for handling changes to scope, costs, or timeline
11. Quality and Inspection: Quality standards, inspection rights, and remediation procedures
12. Health and Safety: Safety requirements and compliance with Hong Kong regulations
13. Insurance and Indemnity: Required insurance coverage and indemnification provisions
14. Force Majeure: Handling of unforeseen events and their impact on the project
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Process for resolving disputes, including Hong Kong arbitration provisions
17. General Provisions: Standard contract clauses including notices, governing law, and entire agreement
1. Performance Security: Requirements for bonds or guarantees, used for larger projects
2. Environmental Protection: Specific environmental requirements, needed for projects with significant environmental impact
3. Intellectual Property: IP rights provisions, needed when design or innovative methods are involved
4. Subcontracting: Rules for engaging subcontractors, needed when subcontracting is permitted
5. Liquidated Damages: Pre-agreed damages for delay, optional in cost-plus contracts
6. Technology and BIM Requirements: Digital technology requirements, needed for projects using BIM or other specific technologies
7. Archaeological Findings: Procedures for handling discoveries, needed for sites with potential archaeological significance
8. Community Relations: Requirements for managing community impact, needed for projects in sensitive areas
1. Schedule 1 - Works Description: Detailed technical specifications and scope of works
2. Schedule 2 - Site Details: Site information, access points, and existing conditions
3. Schedule 3 - Cost Components: Detailed breakdown of allowable costs and excluded costs
4. Schedule 4 - Fee Calculation: Formula and methodology for calculating the contractor's fee
5. Schedule 5 - Key Personnel: List of key personnel from both parties and their roles
6. Schedule 6 - Program: Detailed project timeline and milestones
7. Schedule 7 - Required Insurance: Specific insurance requirements and coverage levels
8. Schedule 8 - Forms and Templates: Standard forms for payment applications, variations, etc.
9. Schedule 9 - Quality Standards: Specific quality requirements and standards to be met
10. Appendix A - Drawings: Project drawings and specifications
11. Appendix B - Permits and Approvals: Copies of relevant permits and regulatory approvals
Allowable Costs
Applicable Laws
Approved
Architect
Bills of Quantities
Business Day
Certificate of Completion
Change Order
Completion Date
Construction Documents
Construction Period
Contract
Contract Documents
Contractor's Fee
Contractor's Personnel
Cost Plus Fee
Defects
Defects Liability Period
Delay
Design Documents
Direct Costs
Drawings
Employer
Employer's Requirements
Equipment
Extension of Time
Final Account
Final Completion
Force Majeure
Good Industry Practice
Indirect Costs
Instructions
Insurance
Intellectual Property Rights
Interim Payment Certificate
Key Personnel
Laws
Materials
Markup
Milestone
Notice
Overhead Costs
Payment Application
Payment Certificate
Performance Security
Permits
Practical Completion
Program
Project
Project Manager
Quality Standards
Quantity Surveyor
Reimbursable Costs
Site
Specifications
Subcontractor
Substantial Completion
Variation
Works
Definitions
Scope of Works
Contract Price
Payment
Cost Verification
Fee Calculation
Time for Completion
Extensions of Time
Delay
Quality Control
Testing and Inspection
Variations
Change Orders
Health and Safety
Environmental Protection
Insurance
Indemnification
Force Majeure
Suspension
Termination
Default
Warranties
Defects Liability
Site Access
Materials and Equipment
Subcontracting
Assignment
Intellectual Property
Confidentiality
Records and Audit
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Performance Security
Labor Requirements
Compliance with Laws
Risk Allocation
Project Management
Reporting Requirements
Quality Assurance
Site Conditions
Permits and Approvals
Representations and Warranties
Construction
Real Estate Development
Infrastructure
Industrial
Commercial Property
Residential Development
Healthcare Facilities
Education Facilities
Hospitality
Public Works
Mining
Energy
Legal
Construction
Commercial
Procurement
Finance
Operations
Project Management
Risk Management
Technical
Development
Contracts Administration
Construction Director
Project Manager
Commercial Manager
Contract Manager
Quantity Surveyor
Cost Manager
Construction Manager
Legal Counsel
Procurement Manager
Risk Manager
Chief Financial Officer
Operations Director
Technical Director
Development Manager
Site Manager
Finance Director
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