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Construction Liability Waiver Template for Hong Kong

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Key Requirements PROMPT example:

Construction Liability Waiver

"I need a Construction Liability Waiver for a high-rise residential development project in Hong Kong starting March 2025, with special emphasis on environmental compliance and multiple subcontractor relationships."

Document background
The Construction Liability Waiver is essential for complex construction projects in Hong Kong where multiple parties need to clearly define and allocate risk responsibilities. This document is typically used when parties wish to establish clear boundaries of liability in construction projects, particularly in high-risk or large-scale developments. It must comply with Hong Kong's robust legal framework, including the Buildings Ordinance and Control of Exemption Clauses Ordinance, which set strict parameters on what liabilities can and cannot be waived. The document includes comprehensive details about insurance requirements, safety protocols, and specific circumstances under which the waiver applies, while explicitly stating non-waivable liabilities such as those related to personal injury or death.
Suggested Sections

1. Parties: Identification of all parties involved in the waiver agreement, including the party providing the waiver and the party receiving it

2. Background: Context of the construction project and the circumstances leading to this waiver

3. Definitions: Detailed definitions of key terms used throughout the document, including specific construction-related terminology

4. Scope of Waiver: Clear delineation of what liabilities are being waived and what remains enforceable

5. Duration: Time period for which the waiver remains valid, including any specific project milestones

6. Exceptions to Waiver: Explicit listing of liabilities that cannot be waived under Hong Kong law (e.g., death, personal injury, fraud)

7. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and authority

8. Insurance and Indemnification: Requirements for insurance coverage and indemnification obligations

9. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

10. Entire Agreement: Confirmation that this document represents the complete agreement regarding the liability waiver

Optional Sections

1. Multiple Party Provisions: Additional provisions for projects involving multiple contractors or subcontractors

2. Specific Work Exclusions: Detailed exclusions for specific types of construction work or activities

3. Safety Compliance: Additional safety requirements and compliance measures specific to high-risk projects

4. Alternative Dispute Resolution: Provisions for mediation or arbitration before court proceedings

5. Step-in Rights: Rights of project owners or main contractors to step in and remedy issues

6. Force Majeure: Provisions for unforeseen circumstances affecting the construction project

7. Environmental Compliance: Additional provisions for projects with significant environmental impact

Suggested Schedules

1. Schedule 1: Project Details: Detailed description of the construction project, including location and scope

2. Schedule 2: Specific Waived Liabilities: Itemized list of specific liabilities being waived

3. Schedule 3: Insurance Requirements: Detailed insurance requirements and minimum coverage amounts

4. Schedule 4: Safety Protocols: Specific safety measures and protocols that must be followed

5. Schedule 5: Related Agreements: List of related construction contracts and agreements

6. Appendix A: Site Plans: Relevant construction site plans and drawings

7. Appendix B: Risk Assessment: Detailed risk assessment and mitigation measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Commercial Property

Residential Development

Industrial Construction

Engineering Services

Architecture

Insurance

Property Management

Construction Materials

Relevant Teams

Legal

Construction

Risk Management

Project Management

Compliance

Operations

Commercial

Technical

Health and Safety

Insurance

Property Development

Contracts Administration

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Risk Manager

Contract Administrator

Site Supervisor

Chief Engineer

Architecture Director

Insurance Manager

Compliance Officer

Property Development Manager

Construction Safety Officer

Project Coordinator

Commercial Director

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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