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Build Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Build Agreement

"I need a Build Agreement for a 30-story commercial building in Kowloon, with specific provisions for phased completion starting March 2025 and green building certification requirements."

Document background
The Build Agreement is a fundamental contract type in construction projects under Hong Kong law, used when an employer engages a contractor to carry out construction works. It is particularly suited for medium to large-scale construction projects where detailed terms and conditions are required to govern the construction process. The agreement should comply with Hong Kong's Buildings Ordinance, Construction Workers Registration Ordinance, and other relevant legislation. It typically includes comprehensive provisions covering project scope, payment mechanisms, completion requirements, variations, quality standards, and risk allocation. The Build Agreement is essential for establishing clear contractual relationships and managing risks in construction projects, incorporating both standard construction industry practices and project-specific requirements. It serves as the primary document governing the relationship between the employer and contractor throughout the construction phase and defects liability period.
Suggested Sections

1. Parties: Identification of the employer/owner and the contractor, including full legal names and registered addresses

2. Background: Context of the project, including brief description of the works and the site

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

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

5. Contract Price and Payment: Contract sum, payment schedule, retention provisions, and payment procedures

6. Time for Completion: Project timeline, completion date, and liquidated damages provisions

7. Contractor's Obligations: General and specific obligations of the contractor including quality standards

8. Employer's Obligations: Responsibilities of the employer including site access and permits

9. Variations: Procedures for handling changes to the scope of works

10. Insurance and Indemnities: Required insurance coverage and indemnification provisions

11. Defects Liability: Defects notification period and remediation procedures

12. Termination: Grounds and procedures for contract termination

13. Force Majeure: Provisions for unforeseen circumstances and their handling

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

15. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

Optional Sections

1. Phased Completion: Required for projects with multiple completion phases or milestone deliverables

2. Third Party Rights: Needed when third parties (e.g., funders, tenants) require direct rights under the contract

3. Performance Bond: Include when contractor is required to provide performance security

4. Parent Company Guarantee: Required when additional financial security from contractor's parent company is needed

5. Environmental Requirements: Specific environmental obligations beyond standard requirements

6. Site Safety and Security: Detailed safety requirements beyond standard obligations

7. Quality Assurance: Specific quality control procedures and requirements

8. Intellectual Property Rights: Required when design elements or proprietary methods are involved

9. Confidentiality: Detailed confidentiality provisions for sensitive projects

10. Step-in Rights: Required for projects where employer may need to take over contractor's role

Suggested Schedules

1. Schedule 1 - Technical Specifications: Detailed technical requirements and construction specifications

2. Schedule 2 - Drawings: List and copies of all relevant drawings and plans

3. Schedule 3 - Price and Payment Schedule: Detailed breakdown of contract price and payment milestones

4. Schedule 4 - Programme: Detailed construction programme and timeline

5. Schedule 5 - Site Details: Site information, boundaries, and access arrangements

6. Schedule 6 - Required Insurances: Details of all required insurance policies

7. Schedule 7 - Forms of Bonds/Guarantees: Templates for any required bonds or guarantees

8. Schedule 8 - Key Personnel: List of key personnel from both parties

9. Schedule 9 - Permits and Approvals: List of required permits and responsible parties

10. Appendix A - Form of Application for Payment: Template for payment applications

11. Appendix B - Form of Variation Order: Template for variation orders

12. Appendix C - Testing and Commissioning Requirements: Detailed testing and commissioning procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Healthcare Facilities

Education Facilities

Retail Development

Hospitality

Data Centers

Manufacturing

Relevant Teams

Legal

Construction

Project Management

Commercial

Procurement

Operations

Development

Risk and Compliance

Technical

Finance

Property

Facilities Management

Relevant Roles

Construction Manager

Project Director

Contract Manager

Commercial Director

Legal Counsel

Project Manager

Quantity Surveyor

Site Manager

Development Manager

Procurement Manager

Risk Manager

Technical Director

Operations Director

Chief Executive Officer

Chief Operating Officer

Facilities Manager

Construction Director

Legal 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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