General Construction Agreement for Hong Kong

General Construction Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the rights, obligations, and responsibilities between an employer (property owner) and a contractor for construction works. The document incorporates Hong Kong's building regulations, safety standards, and construction industry practices while providing detailed frameworks for project execution, payment terms, quality standards, dispute resolution, and risk allocation. It includes specific provisions required under Hong Kong legislation including the Buildings Ordinance and Construction Workers Registration Ordinance, while accounting for local construction industry norms and practices.

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What is a General Construction Agreement?

This General Construction Agreement is designed for use in Hong Kong construction projects where a property owner (employer) wishes to engage a contractor to carry out construction works. The agreement complies with Hong Kong's legal framework, including the Buildings Ordinance, Construction Workers Registration Ordinance, and related regulations. It is suitable for various construction projects, from commercial buildings to residential developments, and includes comprehensive provisions for project execution, payment mechanisms, quality control, and dispute resolution. The document incorporates Hong Kong construction industry standards and practices, addressing specific local requirements such as registered contractor obligations, site safety regulations, and environmental compliance. It provides a robust framework for managing construction projects while protecting the interests of all parties involved.

What sections should be included in a General Construction Agreement?

1. Parties: Identifies and provides full details of the contracting parties (employer and contractor)

2. Background: Sets out the context of the agreement and brief project overview

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Scope of Works: Detailed description of the construction works to be performed

5. Contract Sum and Payment: Specifies the contract price, payment terms, and mechanisms

6. Time for Completion: Sets out completion dates, milestones, and extension provisions

7. Contractor's Obligations: Details the contractor's duties, responsibilities, and standards of work

8. Employer's Obligations: Outlines the employer's responsibilities including site access and information provision

9. Variations: Procedures for changes to the scope of works and their valuation

10. Quality and Inspection: Standards, testing requirements, and inspection procedures

11. Health, Safety and Environment: Safety requirements and environmental compliance obligations

12. Insurance and Indemnities: Required insurance coverage and indemnification provisions

13. Defects Liability: Defects correction period and related obligations

14. Termination: Grounds and procedures for contract termination

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

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

What sections are optional to include in a General Construction Agreement?

1. Performance Bond: Required when the employer demands a performance guarantee from a bank or insurer

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

3. Intellectual Property: Needed when the works involve significant design elements or proprietary methods

4. Confidentiality: Required for projects involving sensitive information or proprietary technology

5. Building Information Modeling (BIM): Included when BIM is used in the project

6. Nominated Subcontractors: Required when the employer wishes to nominate specific subcontractors

7. Liquidated Damages: Included when specific compensation for delay is to be pre-determined

8. Force Majeure: Detailed provisions for unforeseen events, particularly relevant post-COVID

What schedules should be included in a General Construction Agreement?

1. Schedule 1 - Contract Particulars: Key project details, parties' addresses, and contract-specific information

2. Schedule 2 - Scope of Works: Detailed technical specifications and drawings

3. Schedule 3 - Programme: Detailed construction schedule and milestones

4. Schedule 4 - Payment Schedule: Payment terms, rates, and schedules of rates if applicable

5. Schedule 5 - Site Information: Site details, conditions, and access arrangements

6. Schedule 6 - Forms and Certificates: Standard forms for payments, variations, and completion certificates

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

8. Appendix A - Drawings: Complete set of construction drawings

9. Appendix B - Technical Specifications: Detailed technical requirements and standards

10. Appendix C - Bills of Quantities: Itemized quantities and rates for the works

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Construction

Infrastructure Development

Healthcare Facilities

Educational Institutions

Retail Development

Hospitality

Data Centers

Manufacturing Facilities

Warehouse and Logistics

Relevant Teams

Legal

Construction

Commercial

Procurement

Finance

Operations

Risk Management

Health and Safety

Quality Assurance

Project Management

Technical Services

Contract Administration

Relevant Roles

Chief Executive Officer

Project Director

Construction Manager

Contract Manager

Legal Counsel

Risk Manager

Procurement Manager

Commercial Director

Project Manager

Site Manager

Quantity Surveyor

Cost Manager

Finance Director

Operations Director

Technical Director

Health and Safety Manager

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

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