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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.
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
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
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
Construction
Real Estate Development
Infrastructure
Building Services
Civil Engineering
Interior Fit-out
Residential Development
Commercial Development
Industrial Development
Public Works
Legal
Operations
Commercial
Procurement
Construction
Contract Administration
Risk Management
Compliance
Technical
Project Management
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
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