The Project Management Contract In (Construction) is a crucial document used when engaging professional project management services for construction projects in Hong Kong. It is typically employed when a client requires specialized expertise to oversee and coordinate complex construction projects, ensuring compliance with Hong Kong's building codes, regulations, and industry standards. The contract comprehensively addresses the project manager's scope of work, authority levels, reporting requirements, and performance standards, while incorporating specific provisions required under Hong Kong law. This document is essential for projects requiring professional project management services, particularly in cases involving multiple stakeholders, complex coordination requirements, or high-value construction works. It provides a clear framework for project governance, risk management, and successful project delivery within Hong Kong's unique construction environment.
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1. Parties: Identification of the Client and Project Manager, including full legal names and registered addresses
2. Background: Context of the project, brief description of the development, and purpose of appointing the Project Manager
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Appointment and Term: Formal appointment of the Project Manager, scope of authority, and duration of services
5. Project Manager's Obligations: Comprehensive list of duties, responsibilities, and deliverables required from the Project Manager
6. Client's Obligations: Client's responsibilities, including provision of information, approvals, and payment obligations
7. Project Parameters: Key project constraints including budget, timeline, quality standards, and success criteria
8. Services: Detailed description of pre-construction, construction, and post-construction services to be provided
9. Personnel and Resources: Requirements for key personnel, staffing levels, and resource allocation
10. Fee Structure and Payment: Compensation details, payment schedule, and mechanisms for fee adjustments
11. Reporting and Communication: Requirements for project reporting, meetings, and communication protocols
12. Change Management: Procedures for handling variations to scope, budget, or timeline
13. Risk Management: Risk allocation, insurance requirements, and risk mitigation strategies
14. Quality Management: Quality assurance and control procedures, standards, and requirements
15. Compliance and Permits: Obligations regarding regulatory compliance and obtaining necessary permits
16. Intellectual Property: Ownership and usage rights of project documents and deliverables
17. Confidentiality: Protection of confidential information and trade secrets
18. Liability and Indemnification: Limitation of liability, indemnification obligations, and professional liability requirements
19. Termination: Grounds for termination, termination procedures, and consequences
20. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
21. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement
1. Performance Bonds: Requirements for performance bonds when project size or risk profile demands additional security
2. Parent Company Guarantee: Required when the Project Manager is a subsidiary and additional financial security is needed
3. BIM Requirements: Specific obligations regarding Building Information Modeling when BIM is used in the project
4. Sustainability Requirements: Special provisions for green building certification or sustainability targets
5. Multiple Site Provisions: Additional terms for managing multiple construction sites under the same contract
6. Value Engineering: Specific provisions for value engineering services when cost optimization is a key requirement
7. Phased Completion: Special provisions for projects with multiple completion phases or sectional completion
8. Interface Management: Additional terms for managing interfaces with other contractors or adjacent projects
9. Force Majeure: Detailed provisions for force majeure events when project is in a high-risk environment
1. Schedule 1: Scope of Services: Detailed breakdown of all project management services to be provided
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, payment milestones, and reimbursable expenses
3. Schedule 3: Key Personnel: List of key personnel, their roles, qualifications, and time commitment
4. Schedule 4: Project Program: Project timeline, key milestones, and deliverable dates
5. Schedule 5: Client's Requirements: Detailed technical and performance requirements for the project
6. Schedule 6: Reporting Requirements: Templates and requirements for various project reports
7. Schedule 7: Quality Management Plan: Detailed quality management procedures and requirements
8. Schedule 8: Project Management Procedures: Standard operating procedures for project management activities
9. Appendix A: Site Information: Details of the project site, including surveys and existing conditions
10. Appendix B: Forms and Templates: Standard forms for change orders, reports, and other project documents
11. Appendix C: Insurance Requirements: Detailed insurance specifications and coverage requirements
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