The Contractor And Homeowner Agreement is a crucial legal document used in Hong Kong for residential construction and renovation projects. It serves as the primary contract between property owners and construction contractors, establishing clear terms for project execution, payment schedules, and quality standards. This agreement must comply with Hong Kong's Buildings Ordinance, Minor Works Control System, and related construction regulations. It's particularly important for protecting both parties' interests, ensuring clear communication of expectations, and providing a legal framework for dispute resolution. The document typically includes detailed specifications, timeline commitments, warranty terms, and insurance requirements, making it essential for any significant residential construction or renovation work in Hong Kong.
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1. Parties: Identifies and provides full details of the contractor and homeowner
2. Background: Brief context of the agreement and property details
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction/renovation work to be performed
5. Contract Price and Payment Terms: Total cost, payment schedule, and payment methods
6. Timeline and Completion: Project schedule, milestones, and completion criteria
7. Contractor's Obligations: Responsibilities including permits, materials, workmanship, and safety
8. Homeowner's Obligations: Access provisions, approvals, and cooperation requirements
9. Materials and Workmanship: Quality standards, material specifications, and approval processes
10. Variations and Changes: Process for handling changes to scope or specifications
11. Insurance and Liability: Required insurance coverage and liability allocation
12. Warranties and Defects: Warranty terms and defect rectification process
13. Termination: Circumstances and procedures for contract termination
14. Dispute Resolution: Process for handling disputes and jurisdiction
15. General Provisions: Standard clauses including notices, assignment, and entire agreement
1. Intellectual Property: Required when custom designs or architectural plans are involved
2. Environmental Protection: Needed for projects with specific environmental requirements or concerns
3. Subcontracting: Include when subcontractors may be used in the project
4. Security Deposit: When a security deposit is required for the project
5. Force Majeure: Important for longer projects or areas prone to weather disruptions
6. Utilities and Services: Required when work involves modification of existing utilities
7. Storage and Site Facilities: Needed for larger projects requiring on-site storage or facilities
8. Neighboring Properties: Include when work might affect adjacent properties
1. Schedule 1 - Detailed Scope of Work: Comprehensive breakdown of all works to be performed
2. Schedule 2 - Payment Schedule: Detailed payment terms, installments, and milestone payments
3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and completion dates
4. Schedule 4 - Material Specifications: Detailed list of materials to be used and their specifications
5. Schedule 5 - Plans and Drawings: Technical drawings, plans, and designs for the project
6. Schedule 6 - Permits and Approvals: List of required permits and regulatory approvals
7. Appendix A - Insurance Requirements: Detailed insurance specifications and coverage requirements
8. Appendix B - Safety Protocols: Safety procedures and requirements for the project
9. Appendix C - Warranty Terms: Detailed warranty terms and conditions
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