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Mutual Termination Of Construction Contract Template for Hong Kong

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Key Requirements PROMPT example:

Mutual Termination Of Construction Contract

"I need a Mutual Termination Of Construction Contract for a Hong Kong residential development project, where both parties have agreed to terminate due to funding issues, with final completion of remaining works and handover scheduled for March 2025, including specific provisions for the preservation of warranties for completed works."

Document background
The Mutual Termination Of Construction Contract is a crucial document used when parties to a construction contract in Hong Kong mutually agree to end their contractual relationship before its natural completion. This document becomes necessary when circumstances such as project viability changes, funding issues, or strategic realignment make it beneficial for all parties to terminate the existing arrangement in an orderly manner. It ensures compliance with Hong Kong construction law and regulations, including the Buildings Ordinance and Security of Payment legislation. The agreement covers essential elements such as financial settlement, asset disposition, liability allocation, and future obligations, providing a clear framework for project closure while protecting all parties' interests. It's particularly important in Hong Kong's dynamic construction market where project circumstances can change rapidly and a clean, mutually-agreed termination may be preferable to potential disputes or unilateral termination.
Suggested Sections

1. Parties: Details of the contracting parties (typically the employer and contractor)

2. Background: Context of the original contract and reasons for mutual termination

3. Definitions and Interpretation: Key terms used in the agreement, including reference to defined terms in the original contract

4. Termination Date and Effect: Specific date when the original contract terminates and immediate consequences

5. Outstanding Payments: Settlement of all payment claims, including final account provisions

6. Site Handover: Provisions for handover of the construction site, including condition requirements

7. Materials and Equipment: Handling of construction materials, equipment and temporary works on site

8. Documentation: Transfer of relevant project documentation, drawings, and certificates

9. Mutual Release: Release of claims and obligations between parties, except as specifically preserved

10. Confidentiality: Obligations regarding confidential information post-termination

11. Surviving Provisions: Clauses from original contract that remain in effect

12. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction

Optional Sections

1. Insurance and Bonds: Handling of existing insurance policies and performance bonds - include if these exist

2. Intellectual Property Rights: Transfer or license of IP rights - include if significant IP is involved

3. Subcontractors and Suppliers: Provisions regarding existing subcontracts and supply agreements - include if there are ongoing relationships

4. Defects Liability: Ongoing responsibilities for completed works - include if parts of work are completed

5. Employee Matters: Handling of labor-related issues - include if direct employment relationships are affected

6. Public Communications: Agreed approach to public statements - include for high-profile projects

7. Disputes Resolution: Special provisions for resolving post-termination disputes - include if standard provisions insufficient

Suggested Schedules

1. Schedule 1 - Original Contract Details: Details of the original contract and any variations

2. Schedule 2 - Final Account Statement: Detailed breakdown of final payment calculations

3. Schedule 3 - Outstanding Works List: List of incomplete works and their status

4. Schedule 4 - Site Inventory: Inventory of materials, equipment and temporary works on site

5. Schedule 5 - Required Handover Documentation: List of documents, certificates, and warranties to be provided

6. Schedule 6 - Retained Rights and Obligations: Specific obligations that survive termination

7. Appendix A - Site Handover Protocol: Detailed procedures for site handover

8. Appendix B - Payment Release Schedule: Timeline and conditions for final payments

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

Commercial Real Estate

Residential Development

Infrastructure

Industrial Construction

Public Works

Healthcare Facilities

Educational Facilities

Retail Development

Transport Infrastructure

Energy and Utilities

Maritime and Port Construction

Hotel and Hospitality

Relevant Teams

Legal

Commercial

Operations

Project Management

Finance

Risk and Compliance

Procurement

Technical Services

Construction Operations

Contract Administration

Business Development

Executive Management

Relevant Roles

Project Director

Construction Manager

Contract Manager

Legal Counsel

Commercial Director

Project Manager

Quantity Surveyor

Risk Manager

Financial Controller

Operations Director

Site Manager

Procurement Manager

Technical Director

Claims Manager

Company Secretary

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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