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Domestic Subcontract Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Domestic Subcontract Agreement

I need a Domestic Subcontract Agreement for a high-rise residential project in Kowloon, Hong Kong, where we'll be subcontracting the electrical installation works with a contract value of HKD 15 million and completion date of March 2025.

Document background
The Domestic Subcontract Agreement is a essential document in Hong Kong construction projects where a main contractor needs to delegate specific portions of construction work to specialized subcontractors. This agreement type is commonly used when the main contractor directly selects and manages the subcontractor, as opposed to nominated subcontractors chosen by the employer. The document ensures compliance with Hong Kong construction regulations, establishes clear contractual relationships, and protects both parties' interests through detailed terms covering works scope, payment mechanisms, completion requirements, and risk allocation. The agreement typically includes provisions that align with the main contract requirements while addressing specific local industry practices and legal requirements.
Suggested Sections

1. Parties: Identifies and provides full details of the main contractor and subcontractor

2. Background: Sets out the context of the main contract and the need for subcontracted works

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Scope of Subcontract Works: Detailed description of the works to be performed by the subcontractor

5. Contract Sum and Payment Terms: Specifies the agreed price and payment schedule, including retention provisions

6. Time for Completion: Establishes the completion date and milestone deadlines

7. Subcontractor's Obligations: Lists all key responsibilities and duties of the subcontractor

8. Main Contractor's Obligations: Details the responsibilities and duties of the main contractor

9. Materials, Plant and Equipment: Specifies requirements for materials and equipment procurement and management

10. Quality and Workmanship: Sets standards for work quality and inspection procedures

11. Health and Safety: Establishes safety requirements and compliance with relevant regulations

12. Insurance and Indemnities: Specifies required insurance coverage and indemnification obligations

13. Variations: Procedures for handling changes to the scope of works

14. Extensions of Time: Process for claiming and granting time extensions

15. Defects Liability: Obligations regarding defect rectification and liability period

16. Termination: Grounds and procedures for contract termination

17. Dispute Resolution: Procedures for resolving disputes between parties

18. General Provisions: Miscellaneous legal provisions including notices, governing law, and assignment

Optional Sections

1. Performance Bond: Required when the main contractor demands a performance bond from the subcontractor

2. Parent Company Guarantee: Included when additional financial security is required from the subcontractor's parent company

3. Intellectual Property Rights: Needed when the works involve design responsibilities or proprietary systems

4. Environmental Requirements: Required for projects with specific environmental compliance needs

5. Site Conditions and Investigation: Included when specific site risks need to be addressed

6. Liquidated Damages: Used when specific damages for delay or performance failures are predetermined

7. Advance Payment: Included when advance payments are to be made to the subcontractor

8. Back-to-Back Provisions: Detailed provisions linking obligations to main contract when extensive flow-down is required

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings for the subcontract works

2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of the contract sum and bill of quantities

3. Schedule 3 - Program of Works: Detailed timeline and milestone dates for the works

4. Schedule 4 - Key Personnel: List of key personnel from both parties and their roles

5. Schedule 5 - Required Insurances: Details of all required insurance policies and coverage levels

6. Schedule 6 - Forms and Notices: Standard forms for various notices and claims under the contract

7. Schedule 7 - Special Conditions: Any special terms or conditions specific to the project

8. Schedule 8 - Relevant Excerpts from Main Contract: Key provisions from the main contract that apply to the subcontract

9. Appendix A - Safety Requirements: Detailed health and safety requirements and procedures

10. Appendix B - Quality Assurance Plan: Quality control procedures and 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

Relevant legal definitions
























































Clauses




































Relevant Industries

Construction

Real Estate Development

Infrastructure

Building Services

Civil Engineering

Interior Fit-out

Residential Development

Commercial Development

Industrial Development

Public Works

Relevant Teams

Legal

Operations

Commercial

Procurement

Construction

Contract Administration

Risk Management

Compliance

Technical

Project Management

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Commercial Manager

Quantity Surveyor

Site Supervisor

Legal Counsel

Procurement Manager

Operations Director

Construction Director

Risk Manager

Compliance Officer

Project Engineer

Technical Director

Contract Administrator

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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