The Construction Service Contract is a fundamental legal document used in Hong Kong's construction industry to establish a binding agreement between parties engaging in construction projects. This document is essential when engaging contractors for construction works, whether for new buildings, renovations, or infrastructure projects. It incorporates specific requirements under Hong Kong law, including compliance with the Construction Industry Council Ordinance, Workers Registration Ordinance, and relevant safety and environmental regulations. The contract typically covers all aspects of construction services, from project initiation to completion, including payment terms, quality standards, timeline commitments, and dispute resolution mechanisms. It's particularly important in Hong Kong's dynamic construction market, where clear contractual terms and regulatory compliance are crucial for project success.
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1. Parties: Identification and details of the contracting parties (employer/principal and contractor)
2. Background: Context of the agreement and brief description of the construction project
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the contract
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Price and Payment Terms: Agreement on pricing, payment schedule, and payment conditions
6. Project Timeline: Commencement date, completion date, and key milestones
7. Contractor's Obligations: Primary responsibilities and duties of the contractor
8. Principal's Obligations: Primary responsibilities and duties of the principal
9. Quality Standards and Compliance: Required quality standards and compliance with regulations
10. Safety Requirements: Mandatory safety procedures and requirements
11. Variations and Changes: Process for handling changes to scope or specifications
12. Insurance and Indemnity: Required insurance coverage and indemnification provisions
13. Defects Liability: Obligations regarding defects and remediation period
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for handling disputes and jurisdictional matters
16. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Environmental Protection: Specific environmental requirements and compliance measures, included when project has significant environmental impact
2. Site Security: Detailed security requirements, included for high-security or sensitive locations
3. Subcontracting: Rules and conditions for subcontracting, included when subcontracting is permitted
4. Performance Bond: Requirements for performance security, included for high-value projects
5. Intellectual Property: IP rights and obligations, included when design or innovative construction methods are involved
6. Force Majeure: Provisions for unforeseen circumstances, included for long-term or high-risk projects
7. Liquidated Damages: Pre-agreed damages for specific breaches, included for time-critical projects
8. Testing and Commissioning: Specific requirements for testing completed works, included for complex technical installations
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Project Timeline: Detailed project schedule with milestones and critical paths
3. Schedule 3 - Price Schedule: Detailed breakdown of prices, rates, and payment milestones
4. Schedule 4 - Site Details: Site plans, access points, and site-specific requirements
5. Schedule 5 - Quality Assurance Plan: Detailed quality control procedures and standards
6. Schedule 6 - Safety Management Plan: Detailed safety procedures and requirements
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and coverage requirements
8. Schedule 8 - Forms and Certificates: Template forms for variations, completion certificates, and other standard documents
9. Appendix A - Technical Drawings: Complete set of technical drawings and specifications
10. Appendix B - Material Specifications: Detailed specifications for materials to be used
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