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Contract Between Owner And Architect for Hong Kong

Contract Between Owner And Architect Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the professional relationship between a property owner/developer and an architect/architectural firm. This document outlines the scope of architectural services, responsibilities of both parties, fee structures, project timelines, and deliverables while ensuring compliance with Hong Kong's architectural practice regulations and building codes. It includes provisions for intellectual property rights, professional liability, dispute resolution, and specific requirements under Hong Kong's Architects Registration Ordinance and Buildings Ordinance.

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Contract Between Owner And Architect

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What is a Contract Between Owner And Architect?

The Contract Between Owner And Architect is a fundamental document used in Hong Kong's construction and development industry to establish a legally binding relationship between property owners/developers and architectural service providers. This agreement is essential when engaging architectural services for any construction, renovation, or development project in Hong Kong. It incorporates requirements from the Hong Kong Architects Registration Ordinance, Buildings Ordinance, and other relevant local regulations while defining the scope of services, deliverables, fee structures, and professional obligations. The document ensures both parties understand their roles, responsibilities, and liabilities while providing mechanisms for project execution, changes, and dispute resolution. It's particularly important given Hong Kong's complex building regulations and high-density urban environment, requiring careful attention to compliance and professional standards.

What sections should be included in a Contract Between Owner And Architect?

1. Parties: Identification of the Owner and the Architect, including their legal status and registered addresses

2. Background: Brief description of the project and the parties' intention to enter into an architectural services agreement

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

4. Scope of Services: Detailed description of basic architectural services to be provided, including design, documentation, and construction phase services

5. Architect's Responsibilities: Specific duties, standard of care, and professional obligations of the Architect

6. Owner's Responsibilities: Obligations of the Owner, including provision of information, approvals, and site access

7. Project Timeline: Project phases, milestones, and completion dates

8. Fees and Payment: Fee structure, payment schedule, and terms for additional services

9. Changes and Additional Services: Procedures for handling changes to scope and additional service requests

10. Intellectual Property Rights: Ownership and usage rights of drawings, specifications, and other documents

11. Insurance and Liability: Insurance requirements and limitation of liability provisions

12. Termination: Conditions and procedures for contract termination by either party

13. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration processes

14. General Provisions: Standard contract clauses including notices, assignment, and governing law

What sections are optional to include in a Contract Between Owner And Architect?

1. Special Services: Used when the Architect will provide additional specialized services beyond basic architectural services

2. Sustainable Design Requirements: Include when the project has specific environmental or sustainability goals

3. BIM Requirements: Used when Building Information Modeling is required for the project

4. Multiple Phase Implementation: Include when the project will be implemented in distinct phases

5. Subconsultant Services: Used when specific subconsultant arrangements need to be addressed

6. Value Engineering: Include when specific cost optimization processes are required

7. Site Representative Services: Used when full-time site representation is required

8. Post-Occupancy Services: Include when post-completion services are part of the scope

What schedules should be included in a Contract Between Owner And Architect?

1. Schedule A - Scope of Basic Services: Detailed breakdown of basic architectural services for each project phase

2. Schedule B - Fee Schedule: Detailed fee breakdown, hourly rates, and reimbursable expenses

3. Schedule C - Project Program: Project timeline, milestones, and deliverables schedule

4. Schedule D - Owner's Requirements: Detailed project requirements and specifications provided by the Owner

5. Schedule E - Key Personnel: List of key team members and their roles from both parties

6. Schedule F - Insurance Requirements: Detailed insurance requirements and coverage limits

7. Appendix 1 - Standard of Care: Detailed description of the expected professional standard of care

8. Appendix 2 - Document Submission Requirements: Format and requirements for drawings and documentation

9. Appendix 3 - Project Communication Protocols: Procedures for project communications and reporting

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions

















































Clauses




































Relevant Industries

Real Estate

Commercial Construction

Residential Development

Industrial Construction

Healthcare Facilities

Educational Institutions

Retail Development

Hospitality

Mixed-Use Development

Cultural and Heritage

Public Infrastructure

Urban Planning

Relevant Teams

Legal

Architecture

Project Management

Construction

Commercial

Development

Contracts

Property

Technical Services

Design

Compliance

Risk Management

Relevant Roles

Project Director

Development Manager

Property Developer

Registered Architect

Senior Architect

Project Architect

Contract Manager

Legal Counsel

Construction Manager

Quantity Surveyor

Project Manager

Facilities Manager

Design Manager

Technical Director

Commercial 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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