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Standard Forms of Contract for use in Hong Kong 香港的標準合約

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Old Private Forms of Building Contract

  • Drawn up by the Hong Kong Institute of Architects, the Royal Institution of Chartered Surveyors (Hong Kong Branch) and the Society of Builders, Hong Kong:

    • Agreement & Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, First RICS (HK Branch) Edition 1986 (with quantities) incorporating up to Second amendments published in July, 1999 (SFBCwQ.1986(2ndAmend.July1999))

    • Agreement & Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, First RICS (HK Branch) Edition 1986 (without quantities) incorporating up to Second amendments published in July, 1999 (SFBCnQ.1986(2ndAmend.July1999))

    • Sub-Contract for use where the Sub-Contractor is nominated under the Standard Form of Building Contract for Hong Kong, First RICS (HK Branch) Edition 1986 incorporating up to Second amendments published in February, 2000.

New Private Forms of Building Contract

  • Published by the Hong Kong Institute of Architects, the Hong Kong Institute of Construction Managers and the Hong Kong Institute of Surveyors (HKIS):

    • Agreement & Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, Private Edition – With Quantities, 2005 Edition (SFBCwQ.2005)

    • Agreement & Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, Private Edition – Without Quantities, 2006 Edition (SFBCnQ.2006)

    • Agreement & Schedule of Conditions of Nominated Sub-Contract for use in the Hong Kong Special Administrative Region, 2005 Edition

  • The private forms may be purchased from the Hong Kong Institute of Surveyors, 111 Connaught Road Central, Sheung Wan, Hong Kong.

Government Forms of Contract(GCC)

NEC4 - New Engineering Contract

  • The NEC suite includes various contract types, but the most common in Hong Kong are:​

    • NEC4 Engineering and Construction Contract (ECC) – Used for major construction works.

    • NEC4 Term Service Contract (TSC) – Suitable for maintenance and long-term services.

    • NEC4 Professional Service Contract (PSC) – Used for consulting and professional services.

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  • Within NEC4 ECC, there are different pricing options:

    • Option A: Priced contract with an activity schedule (Lump Sum)

    • Option B: Priced contract with a bill of quantities

    • Option C: Target cost with pain/gain share mechanism

    • Option D: Target contract with a bill of quantities

    • Option E: Cost reimbursable contract

    • Option F: Management contract

Housing Authority General Conditions of Contract for Capital Works
 

  • Published by the Hong Kong Housing Authority:

    • Website : https://www.housingauthority.gov.hk/en/business-partnerships/resources/general-conditions-of-contract-for-capital-works/index.html

    • Hong Kong Housing Authority General Conditions of Contract for Building Works 2013 Edition (version 1.1) (PDF format)

    • Hong Kong Housing Authority General Conditions of Contract for Foundation Works 2013 Edition (version 1.1) (PDF format)

    • Hong Kong Housing Authority General Conditions of Contract for Civil Engineering Works 2013 Edition (version 1.1) (PDF format)

    • Hong Kong Housing Authority General Conditions of Contract for Miscellaneous Works 2013 Edition (version 1.1) (PDF format)

    • Hong Kong Housing Authority Articles of Agreement and General Conditions of Nominated Sub-contract to Building Works Contracts 2013 Edition (version 1.1) (PDF format)

MTR In House Conditions of Contract

  • Conditions of Contract for Civil Engineering and Building Works Construction.

  • Conditions of Contract for Design and Build.

  • Conditions of Contract for E&M.

  • Conditions of Contract for Major Works.

  • Conditions of Contract for Minor Works.

  • Conditions of Contract for Entrustment Works.

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Clause headings of SFBC with Quantity 2005

  • Contents

  • Articles of Agreement

  • Attestation

  • The General Conditions

  • 1        Interpretation and definitions

  • 2        Contractor's obligations

  • 3        Master programme

  • 4        Architect's instructions

  • 5        Documents forming the Contract and other documents

  • 6        Statutory obligations

  • 7        Setting out the Works

  • 8        Materials, goods, workmanship and work

  • 9        Intellectual property rights

  • 10        Contractor's site management team

  • 11        Access for the Architect to the Works

  • 12        Architect's representative

  • 13        Variations, Provisional Quantities, Provisional Items and Provisional Sums

  • 14        Contract Bills

  • 15        Contract Sum

  • 16        Materials and goods on or off-site

  • 17        Substantial Completion and defects liability

  • 18        Partial possession by Employer

  • 19        Assignment and sub-letting

  • 20        Injury to persons and property and indemnity to Employer

  • 21        Insurance against injury to persons or property

  • 22        Insurance of the Works

  • 22A      Insurance of the Works by the Contractor

  • 22B      Insurance of the Works by the Employer

  • 22C      Insurance of existing building and insurance of the Works by the Employer

  • 23        Possession, commencement and completion

  • 24        Damages for non-completion

  • 25        Extension of time

  • 26        Delay recovery measures

  • 27        Direct loss and/or expense

  • 28        Notice of claims for additional payment

  • 29        Nominated Sub-Contractors and Nominated Suppliers

  • 30        Persons engaged by Employer

  • 31        Facilities for statutory undertakers and utility companies

  • 32        Certificates and payments

  • 33        Surety bond

  • 34        Antiquities

  • 35        Determination by Employer

  • 36        Determination by Contractor

  • 37        Determination by Employer or Contractor

  • 38        Fluctuations

  • 39        Notices, certificates and other communications

  • 40        Recovery of money due to the Employer

  • 41        Settlement of disputes

  • Appendix

  • Schedule 1 - Form of Surety Bond to be given by the Contractor to the Employer

  • Schedule 2 - Form of Warranty to be given by the Nominated Sub-Contractor to the Employer in consideration of Nomination

  • Schedule 3 - Form of Warranty to be given by the Nominated Supplier to the Employer in consideration of Nomination

  • Index to the General Conditions

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