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.
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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
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
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
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
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