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Contractor Cost Plus Contract
"I need a Contractor Cost Plus Contract for a data center construction project in Hong Kong, with an estimated completion date of March 2025, including specific provisions for technology installation contractors and a 12% markup fee structure."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief project overview
3. Definitions: Defined terms used throughout the contract
4. Scope of Works: Detailed description of the works to be performed by the contractor
5. Cost Plus Structure: Definition of costs, markup calculation, and payment mechanism
6. Contractor's Obligations: Key responsibilities and duties of the contractor
7. Employer's Obligations: Key responsibilities and duties of the employer
8. Cost Verification and Audit Rights: Procedures for verifying and auditing costs claimed by the contractor
9. Payment Terms and Procedures: Detailed payment processes, timing, and documentation requirements
10. Performance Standards: Quality standards, KPIs, and performance requirements
11. Changes and Variations: Procedures for handling changes to scope or costs
12. Record Keeping and Reporting: Requirements for maintaining cost records and project documentation
13. Insurance and Indemnity: Insurance requirements and indemnification provisions
14. Term and Termination: Contract duration and termination provisions
15. Dispute Resolution: Procedures for resolving disputes
16. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Performance Security: Requirements for bonds or guarantees, used in higher-value contracts
2. Intellectual Property Rights: IP ownership and licensing provisions, needed when design or creative work is involved
3. Environmental Compliance: Special environmental requirements, used for environmentally sensitive projects
4. Local Content Requirements: Requirements for local resource usage, if applicable to the project
5. Interface Management: Procedures for managing interfaces with other contractors, used in complex projects
6. Quality Assurance: Detailed quality management requirements, for projects requiring specific quality standards
7. Force Majeure: Provisions for handling force majeure events, recommended for longer-term projects
8. Step-In Rights: Employer's rights to step in and take over works, used in critical projects
1. Schedule 1 - Scope of Works: Detailed technical specification of the works
2. Schedule 2 - Cost Components: Breakdown of allowable costs and excluded costs
3. Schedule 3 - Fee Calculation: Detailed methodology for calculating the contractor's fee
4. Schedule 4 - Key Personnel: List of key personnel and their roles
5. Schedule 5 - Required Insurance: Detailed insurance requirements and coverage levels
6. Schedule 6 - Form of Payment Application: Template for monthly payment applications
7. Schedule 7 - Progress Reports: Required format and content of progress reports
8. Schedule 8 - Rate Schedule: Schedule of rates for labor, equipment, and materials
9. Appendix A - Project Timeline: Project schedule and key milestones
10. Appendix B - Site Information: Details about the project site and conditions
11. Appendix C - Quality Control Procedures: Detailed quality control requirements and procedures
Authors
Construction
Infrastructure
Real Estate Development
Industrial Projects
Commercial Development
Healthcare Facilities
Educational Facilities
Energy and Utilities
Transportation
Manufacturing
Technology Data Centers
Hospitality
Legal
Finance
Procurement
Operations
Commercial
Project Management
Construction
Risk Management
Contract Administration
Technical Services
Cost Control
Project Director
Construction Manager
Contract Manager
Commercial Director
Quantity Surveyor
Project Manager
Legal Counsel
Finance Director
Cost Controller
Procurement Manager
Risk Manager
Operations Director
Chief Financial Officer
Construction Director
Technical Director
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