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Master Subcontract Agreement
"I need a Master Subcontract Agreement for my Hong Kong-based construction company that will be engaging multiple specialist contractors for a large-scale residential development project starting in March 2025, with particular emphasis on safety requirements and payment security provisions."
1. Parties: Identification of the main contractor and subcontractor, including registered addresses and company details
2. Background: Context of the agreement and the relationship between the parties
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Scope of Agreement: Framework for the master agreement and how individual work orders will operate
5. Appointment and Term: Terms of appointment, duration, and renewal provisions
6. Work Orders and Performance: Process for issuing work orders and performance requirements
7. Subcontractor Obligations: General obligations, compliance requirements, and performance standards
8. Main Contractor Obligations: Support, access, and information to be provided by the main contractor
9. Personnel and Resources: Requirements for staffing, equipment, and resource allocation
10. Payment Terms: Pricing mechanism, payment process, and invoicing requirements
11. Quality and Standards: Quality requirements, standards, and inspection rights
12. Health and Safety: Safety requirements and compliance with relevant regulations
13. Insurance and Liability: Insurance requirements and allocation of risks
14. Intellectual Property: Ownership and usage rights of IP created during the work
15. Confidentiality: Protection of confidential information and trade secrets
16. Termination: Termination rights, process, and consequences
17. Dispute Resolution: Process for resolving disputes, including mediation and arbitration
18. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Environmental Requirements: For work involving environmental considerations or when specifically required by industry standards
2. Security Requirements: For work involving sensitive locations or information
3. Data Protection: When personal data processing is involved in the scope of work
4. Anti-Corruption: Enhanced provisions for work involving government contracts or high-risk sectors
5. Building Information Modeling: For construction projects requiring BIM implementation
6. Labor and Employment: Enhanced provisions for labor-intensive work or specific industry requirements
7. Export Control: For work involving international trade or controlled items
8. Force Majeure: Detailed provisions for high-risk or long-term contracts
1. Schedule 1 - Pricing and Payment Terms: Detailed rate cards, pricing mechanisms, and payment procedures
2. Schedule 2 - Service Levels and KPIs: Performance metrics and measurement criteria
3. Schedule 3 - Insurance Requirements: Specific insurance types and coverage levels required
4. Schedule 4 - Form of Work Order: Template for individual work orders under the master agreement
5. Schedule 5 - Technical Standards: Specific technical requirements and standards to be met
6. Schedule 6 - Health and Safety Requirements: Detailed safety procedures and requirements
7. Schedule 7 - Required Personnel and Qualifications: Key personnel requirements and minimum qualifications
8. Schedule 8 - Approved Subcontractors: List of pre-approved lower-tier subcontractors if applicable
9. Appendix A - Compliance Checklist: Checklist for regulatory and contractual compliance
10. Appendix B - Required Forms and Templates: Standard forms for notices, reports, and other communications
Authors
Construction
Engineering
Information Technology
Manufacturing
Facilities Management
Infrastructure
Telecommunications
Oil and Gas
Mining
Professional Services
Logistics
Real Estate Development
Legal
Procurement
Operations
Commercial
Risk and Compliance
Finance
Project Management
Supply Chain
Business Development
Technical Services
Commercial Director
Procurement Manager
Legal Counsel
Contract Manager
Project Manager
Operations Director
Risk Manager
Compliance Officer
Supply Chain Manager
Chief Operating Officer
Business Development Manager
Technical Director
Finance Director
General Counsel
Subcontract Administrator
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