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New Construction Agreement
I need a New Construction Agreement under Hong Kong law for a 40-story commercial building project in Kowloon, with specific provisions for green building certification and smart building technology integration, expected to commence in March 2025.
1. Parties: Identification and details of the employer/owner and the contractor
2. Background: Context of the construction project and the purpose of the agreement
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Sum and Payment Terms: Agreement on pricing, payment schedule, and payment mechanisms
6. Commencement and Completion: Project timeline, completion dates, and provisions for extensions of time
7. Contractor's Obligations: Primary responsibilities including workmanship, materials, and compliance with regulations
8. Employer's Obligations: Key responsibilities including site access, permits, and information provision
9. Variations: Procedures for handling changes to the scope of work
10. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
11. Health, Safety and Environment: Requirements for site safety, environmental protection, and regulatory compliance
12. Insurance and Indemnities: Required insurance coverage and indemnification obligations
13. Defects Liability: Defects notification period and rectification obligations
14. Suspension and Termination: Rights and procedures for suspending or terminating the agreement
15. Dispute Resolution: Methods and procedures for resolving disputes
16. General Provisions: Standard contractual provisions including notices, assignment, and governing law
1. Performance Bond: Required when project value exceeds certain thresholds or when specifically requested by the employer
2. Parent Company Guarantee: Included when the contractor is a subsidiary and additional financial security is required
3. Intellectual Property Rights: Necessary when the project involves design elements or proprietary methods
4. Liquidated Damages: Specific provisions for compensation in case of delay or performance failures
5. Site Conditions: Detailed provisions about site conditions when there are known challenges or uncertainties
6. Archaeological Findings: Required for sites with potential historical or archaeological significance
7. Environmental Impact Measures: Detailed provisions when the project requires specific environmental protection measures
8. Nominated Subcontractors: Included when the employer wants to specify certain subcontractors
9. Anti-Corruption Provisions: Enhanced provisions for projects with public sector involvement or specific compliance requirements
1. Schedule 1 - Contract Drawings: Detailed architectural and engineering drawings for the project
2. Schedule 2 - Technical Specifications: Detailed specifications for materials, workmanship, and technical requirements
3. Schedule 3 - Price Schedule: Breakdown of the contract sum including unit rates and quantities
4. Schedule 4 - Project Timeline: Detailed project schedule including milestones and critical dates
5. Schedule 5 - Site Details: Site plan, access points, and relevant site-specific information
6. Schedule 6 - List of Approved Materials: Pre-approved materials and suppliers for the project
7. Schedule 7 - Form of Bonds and Guarantees: Templates for required performance bonds or guarantees
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
9. Schedule 9 - Quality Assurance Plan: Specific quality control procedures and requirements
10. Schedule 10 - Health and Safety Requirements: Detailed safety procedures and requirements
11. Appendix A - Statutory Declarations: Required declarations under Hong Kong law
12. Appendix B - Permits and Licenses: Copies of relevant permits and licenses for the project
Authors
Approvals
Architect
As-Built Drawings
Building Authority
Certificate of Completion
Claims
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Programme
Contract Sum
Contractor
Contractor's Equipment
Defects
Defects Liability Period
Delay Events
Design Documents
Employer
Extension of Time
Final Account
Force Majeure
Good Industry Practice
Government
Hong Kong
Insurance Policies
Intellectual Property Rights
Laws
Liquidated Damages
Materials
Nominated Subcontractor
Notice
Payment Certificate
Permits
Practical Completion
Project
Project Manager
Quality Assurance Plan
Retention Money
Safety Plan
Schedule of Rates
Site
Specifications
Subcontractor
Substantial Completion
Technical Specifications
Temporary Works
Variation
Works
Scope of Works
Contract Sum
Payment Terms
Commencement and Completion
Extensions of Time
Variations
Quality Control
Health and Safety
Environmental Protection
Site Access and Conditions
Materials and Workmanship
Testing and Inspection
Contractor Obligations
Employer Obligations
Subcontracting
Insurance
Indemnification
Warranties
Defects Liability
Performance Security
Intellectual Property
Confidentiality
Force Majeure
Suspension
Termination
Dispute Resolution
Governing Law
Assignment
Notices
Liability
Risk Allocation
Compliance with Laws
Documentation
Records and Audits
Staff and Labor
Equipment and Temporary Works
Site Safety
Progress Reporting
Quality Assurance
Liquidated Damages
Bonds and Guarantees
Real Estate
Construction
Infrastructure
Commercial Property
Industrial Development
Residential Development
Public Works
Urban Development
Manufacturing
Hospitality
Healthcare
Education
Retail
Legal
Construction
Project Management
Commercial
Operations
Risk & Compliance
Property Development
Procurement
Technical Services
Contract Administration
Quality Assurance
Health & Safety
Construction Manager
Project Director
Legal Counsel
Contract Manager
Property Developer
Development Director
Site Manager
Project Manager
Quantity Surveyor
Commercial Director
Chief Executive Officer
Operations Director
Risk Manager
Compliance Officer
Construction Director
Technical Director
Procurement Manager
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