Owner Contractor Agreement

Owner Contractor Agreement Template for Hong Kong

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Key Requirements PROMPT example:

"I need an Owner Contractor Agreement for a luxury residential development project in Hong Kong, with specific provisions for sustainable building practices and LEED certification requirements, scheduled to commence construction in March 2025."

Document background

The Owner Contractor Agreement is a fundamental document in Hong Kong's construction industry, used when a property owner or developer engages a contractor to carry out construction works. This agreement is essential for projects ranging from new buildings to major renovations, incorporating Hong Kong's building regulations, safety standards, and industry practices. The document typically includes detailed specifications, payment mechanisms, completion timelines, and risk allocation provisions. It should be customized based on project size, complexity, and specific requirements while ensuring compliance with Hong Kong's legal framework. The Owner Contractor Agreement serves as the primary contract document governing the relationship between the parties and their respective obligations throughout the construction process.

Suggested Sections

1. Parties: Identifies and provides full details of the Owner and the Contractor

2. Background: Sets out the context of the agreement and brief description of the project

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Scope of Works: Detailed description of the construction works to be performed by the Contractor

5. Contract Sum and Payment Terms: Specifies the contract price, payment schedule, and payment procedures

6. Time for Completion: Sets out the commencement date, completion date, and provisions for extensions of time

7. Contractor's Obligations: Details the Contractor's responsibilities, including quality standards, compliance with laws, and safety requirements

8. Owner's Obligations: Specifies the Owner's responsibilities, including site access, permits, and information provision

9. Variations: Procedures for handling changes to the scope of works and their impact on price and time

10. Insurance and Indemnities: Required insurance coverage and indemnification obligations of both parties

11. Defects Liability: Provisions for rectification of defects during and after completion

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

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

14. General Provisions: Standard contractual clauses including notices, governing law, and entire agreement

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, used for high-value projects

2. Liquidated Damages: Pre-agreed damages for delay or performance failures, included when specific monetary consequences need to be defined

3. Environmental Compliance: Specific environmental obligations and standards, included for projects with significant environmental impact

4. Intellectual Property Rights: IP ownership and licensing provisions, needed when design or innovative construction methods are involved

5. Site Conditions: Provisions dealing with unforeseen ground conditions, included for projects with significant groundworks

6. Nominated Subcontractors: Provisions for handling owner-nominated subcontractors, included when specific subcontractors must be used

7. Testing and Commissioning: Detailed testing requirements, included for projects with complex mechanical or electrical systems

8. Warranties: Specific warranty requirements beyond standard defects liability, used for specialized equipment or systems

Suggested Schedules

1. Schedule 1 - Contract Documents: List of all documents forming part of the contract, including drawings and specifications

2. Schedule 2 - Technical Specifications: Detailed technical requirements and standards for the works

3. Schedule 3 - Bill of Quantities: Itemized list of quantities and rates for the works

4. Schedule 4 - Project Timeline: Detailed project program including milestones and critical dates

5. Schedule 5 - Payment Schedule: Detailed breakdown of payment stages and amounts

6. Schedule 6 - Site Details: Site plan, access points, and relevant site-specific information

7. Schedule 7 - Key Personnel: List of key personnel from both parties and their roles

8. Schedule 8 - Forms and Procedures: Standard forms for variations, payment applications, and certificates

9. Appendix A - Drawings: Complete set of construction drawings

10. Appendix B - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Retail Development

Hospitality

Healthcare Facilities

Educational Facilities

Relevant Teams

Legal

Construction

Project Management

Commercial

Operations

Property Development

Procurement

Risk Management

Technical Services

Contract Administration

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Property Developer

Development Director

Construction Director

Quantity Surveyor

Project Architect

Site Manager

Commercial Manager

Risk Manager

Procurement Manager

Technical Director

Operations Director

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