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Builder Agreement for Hong Kong

Builder Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions between a property owner/developer and a builder for construction works. This document incorporates requirements from Hong Kong's Buildings Ordinance and Construction Workers Registration Ordinance, detailing the scope of works, payment terms, completion timelines, quality standards, and regulatory compliance requirements. It includes provisions for safety standards, worker registration, environmental protection, and dispute resolution mechanisms specific to Hong Kong's construction industry.

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What is a Builder Agreement?

The Builder Agreement is a crucial document for construction projects in Hong Kong, establishing the legal framework between property owners/developers and construction contractors. This agreement is essential when engaging a builder for new construction, renovation, or modification works, and must comply with Hong Kong's stringent building regulations and construction industry requirements. The document typically covers comprehensive terms including scope of works, payment structures, completion timelines, quality standards, and safety requirements. It incorporates specific provisions required by Hong Kong law, including compliance with the Buildings Ordinance and Construction Workers Registration Ordinance. The Builder Agreement is particularly important as it provides legal protection for all parties and ensures alignment with Hong Kong's construction industry standards and practices.

What sections should be included in a Builder Agreement?

1. Parties: Identification of the employer and builder, including registration details and licenses

2. Background: Context of the construction project and basis for the agreement

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

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

5. Contract Sum and Payment Terms: Pricing, payment schedule, and payment mechanisms

6. Commencement and Completion: Project timeline, completion dates, and milestone requirements

7. Builder's Obligations: Core responsibilities including quality, safety, and compliance requirements

8. Employer's Obligations: Responsibilities of the employer including site access and approvals

9. Variations: Process for handling changes to scope or specifications

10. Insurance and Indemnity: Required insurance coverage and indemnification provisions

11. Defects Liability: Defects liability period and rectification obligations

12. Termination: Grounds and process for contract termination

13. Dispute Resolution: Process for handling disputes including mediation and arbitration

14. General Provisions: Standard contractual terms including notices, assignment, and governing law

What sections are optional to include in a Builder Agreement?

1. Design Responsibilities: Include when builder has design obligations beyond construction

2. Environmental Requirements: Include for projects with specific environmental impact considerations

3. Liquidated Damages: Include when specific compensation for delays is required

4. Performance Bond: Include when security for performance is required

5. Subcontracting: Include when subcontracting will be permitted

6. Site Safety Management: Include for large projects requiring specific safety protocols

7. Quality Assurance: Include for projects with special quality requirements

8. Force Majeure: Include when specific force majeure provisions are needed beyond standard provisions

What schedules should be included in a Builder Agreement?

1. Schedule 1 - Works Specification: Detailed technical specifications of the construction works

2. Schedule 2 - Site Plans and Drawings: Architectural and engineering drawings

3. Schedule 3 - Program of Works: Detailed construction timeline and milestones

4. Schedule 4 - Payment Schedule: Breakdown of payments and payment milestones

5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and coverage requirements

6. Schedule 6 - Key Personnel: List of key personnel and their qualifications

7. Schedule 7 - Required Approvals: List of necessary regulatory approvals and permits

8. Appendix A - Site Safety Plan: Detailed safety management procedures and requirements

9. Appendix B - Quality Assurance Plan: Quality control procedures and standards

10. Appendix C - Environmental Management Plan: Environmental protection measures and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

















































Clauses





































Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Property

Urban Development

Government Infrastructure

Facilities Management

Relevant Teams

Legal

Construction

Project Management

Property Development

Facilities Management

Procurement

Compliance

Risk Management

Operations

Technical Services

Contract Administration

Real Estate

Relevant Roles

Construction Manager

Project Manager

Property Developer

Facilities Manager

Contract Manager

Legal Counsel

Construction Site Supervisor

Building Services Engineer

Quantity Surveyor

Procurement Manager

Development Director

Real Estate Manager

Compliance Officer

Risk Manager

Chief Operating Officer

Technical Director

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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