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Construction Subcontractor Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Construction Subcontractor Agreement

"I need a Construction Subcontractor Agreement for a Hong Kong residential high-rise project where my company will be subcontracting the mechanical and electrical works, with works scheduled to commence in March 2025 and requiring specific provisions for performance bonds and liquidated damages."

Document background
The Construction Subcontractor Agreement is a crucial document used in Hong Kong construction projects when a main contractor needs to delegate specific portions of construction work to specialized subcontractors. This agreement type is essential for projects ranging from small renovations to large-scale developments, ensuring clear delineation of responsibilities, compliance with local building regulations, and protection of all parties' interests. The document must align with Hong Kong's legal framework, including the Buildings Ordinance, Construction Workers Registration Ordinance, and relevant safety regulations. It typically includes detailed specifications of works, payment mechanisms, quality standards, and project timelines, while incorporating provisions for dispute resolution methods common in Hong Kong's construction industry.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor with full legal names and addresses

2. Background: Context of the main contract, project details, and basis for the subcontract arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Works: Detailed description of the subcontracted works and deliverables

5. Contract Sum and Payment Terms: Amount payable, payment schedule, retention provisions, and payment procedures

6. Duration and Programme: Project timeline, completion dates, and milestone requirements

7. Subcontractor's Obligations: Key responsibilities including quality standards, materials, labor, and compliance requirements

8. Main Contractor's Obligations: Main contractor's responsibilities including site access, information provision, and coordination

9. Safety and Environmental Requirements: Health and safety obligations, environmental protection measures

10. Insurance and Indemnities: Required insurance coverage and indemnification provisions

11. Variations and Changes: Procedures for handling changes to scope, pricing, or timeline

12. Quality Assurance: Quality control requirements, inspections, and acceptance procedures

13. Default and Termination: Grounds for termination, remedies for default, and termination procedures

14. Dispute Resolution: Process for handling disputes including mediation and arbitration procedures

15. General Provisions: Standard contractual clauses including notices, assignment, and governing law

Optional Sections

1. Performance Bond: Required when project value exceeds certain threshold or main contractor requires additional security

2. Intellectual Property Rights: Needed when design responsibilities or proprietary methods are involved

3. Confidentiality: Required when sensitive information or trade secrets are involved

4. Force Majeure: Detailed provisions for unforeseen events, particularly relevant in complex or long-term projects

5. Anti-Corruption and Ethics: Required for public projects or when working with international organizations

6. Back-to-Back Provisions: Detailed flow-down provisions from main contract when significant main contract obligations need to be passed down

7. Materials and Equipment: Detailed provisions when substantial equipment or materials are being supplied by the subcontractor

8. Liquidated Damages: Specific provisions for delay damages when critical timeline requirements exist

Suggested Schedules

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

2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of prices, rates, and quantities

3. Schedule 3 - Programme of Works: Detailed timeline, milestones, and critical dates

4. Schedule 4 - Quality Assurance Requirements: Specific quality standards, testing requirements, and acceptance criteria

5. Schedule 5 - Site Rules and Regulations: Site-specific requirements and procedures

6. Schedule 6 - Forms and Certificates: Standard forms for payment applications, variations, and completion certificates

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and coverage requirements

8. Appendix A - Main Contract Excerpts: Relevant portions of the main contract that apply to the subcontracted works

9. Appendix B - Safety Plan: Detailed health and safety procedures and requirements

10. Appendix C - Environmental Management Plan: Environmental protection measures and compliance requirements

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

Engineering

Real Estate Development

Infrastructure

Building Services

Commercial Property

Residential Property

Industrial Construction

Civil Engineering

Interior Fit-out

Mechanical and Electrical

Public Works

Relevant Teams

Legal

Operations

Commercial

Procurement

Project Management

Construction

Finance

Risk & Compliance

Technical Services

Contract Administration

Relevant Roles

Construction Manager

Project Director

Contracts Manager

Legal Counsel

Quantity Surveyor

Project Manager

Site Supervisor

Commercial Director

Operations Manager

Risk Manager

Procurement Manager

Chief Engineer

Technical Director

Compliance Officer

Finance 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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