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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."
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
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
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
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Data Centers
Manufacturing
Legal
Construction
Project Management
Commercial
Procurement
Operations
Development
Risk and Compliance
Technical
Finance
Property
Facilities Management
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
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