Standard form of building contract hong kong pdf

The agreement and schedule of conditions of building contract for use in the hong kong special administrative region, 2005 edition, published by the hong kong institute of architects hkia standard form. In recent years, the hong kong government had proposed the trial of nec3 contracts on various hong kong construction projects, with a view to implementing it on a larger scale and largely replacing traditional forms of contact, known in hong kong as the government conditions of contract gcc. Architectural services department standard phraseology. This guidance note refers to standard forms published by jct, fidic and.

The association is the recognized and leading voice for hong kong main contractors and over the years established a trusted working relationship with the. All the law parts of the professional examinations now require the student to know the law in hong kong rather than england. Reference materials for standard forms of domestic subcontract. International standard construction contracts a brief comparison anurag raychaudhury, arpan shaikhar gupta page 10 transfer bot models are becoming more popular. International standard construction contracts a brief. City university of hong kong information on a course. Development bureau the government of the hong kong. Mar 25, 2020 bill of quantities, method of measurement and schedule of rates. Hong kong contracts second edition carole chui and derek roebuck. Clause 25 of the standard form of building contract 2005 extension of time for completion summary.

The forms of contract in common use, the standard forms and the international form, and the contract documents in use in different contractual arrangements. There are limits on that right, depending on the terms of the contract. Jct contracts 1998 standard form construction contracts. Hong kong standard method of measurement of building works, fourth edition revised 2018 hksmm4 revised 2018. Form means the form provided in the electronic tendering. Other standard forms standard form construction contracts. In developing this global reputation, the hong kong local construction industry the industry has played a significant role in building the foundations and physical structures that have supported the success and long term. General conditions of contract for building works 20 edition version 1. Architectural services department bill of quantities. Another may be the perceived difficulties of implementing partnering under civil law judicial systems which are not as easily adaptable to new project delivery mechanisms as the anglosaxon standard forms of contract and procurement codes.

Compare doc special conditions of contract 3042009. This guidance note refers to standard forms published by jct, fidic and nec see appendix a for details. Standard form of domestic subcontract published by the hong kong. The terms may be drafted or selected by or on behalf of one party to the transaction generally the party with. The practice notes are not intended to promulgate a standard of practice, but rather to produce some basic guidelines for the following core practices. Hong kong standard form of building contract arbitration. This booklet contains the rules of measurement for the standard set of building elements to be used on architectural services department building projects. Standard form of building contract hong kong pdf hong kong and fundamental knowledge for students to take related advanced. General conditions of contract for civil engineering works 1999 edition. The hong kong construction association, limited hkca was established in 1920 aimed at improving the construction industrys standard in hong kong. For private projects, the hong kong standard form of a building contract 2005 edition defines variation as a change instructed by the architect to the design, quality or quantity of the works and then sets out specific changes which are within that definition. Hong kong construction association standard form of domestic sub contract 2008 edition nominated form of sub contract for use with 2005 building contract nominationed form of sub contract for use with 1986 building contract.

Construction contract ecc for public works projects in hong kong. View standard form of building contract, private edition with quantities2005 edition from law contract at city university of hong kong. A mcinnis, the new engineering contract, thomas telford. Contract work the schedules published by the hong kong construction association. Hong kong has a proud reputation as one of the worlds leading global cities. In some cases, standard forms and exact wording to be included in contract. Hkiacs council has issued the following clarification in regard to appointments under this clause.

This checklist sets out matters that the employer, who usually proposes the form of building contract with schedules of amendments if using a standard form, should consider when compiling the first draft of the building contract eg matters relating to planning, design, third party interests, insurance etc. Hong kong law contract guide 37 sample clause neither party will be deemed to be in breach of this agreement or otherwise liable to the other party for any failure or delay or for the consequences. New standard form of building contract organized by the hong kong institute of project management, and the hong kong institution of engineers 7pm8. Standard tender terms and conditions for contracts for use by the government. The library actively supports the universitys mission by providing integrated and timely access to high quality scholarly resources, an inspiring environment for intellectual growth and discovery, with responsive and outreaching services. Standard form of building contract, private edition with quantities. Jct contracts 2016 standard form construction contracts. Users should consider to incorporate the requirements. Standard form construction contracts introduction subcommittee ti of the international bar association has undertaken to compile a library of standard conditions of contract for construction in various jurisdictions across the globe that would serve as a useful resource for all iba members. Agreement and schedule of conditions of building contract standard form of building contract for use in hong kong. The work, which has to be substantially completed, is usually defined as the works, or a. Hong kong law contract guide hogan lovells jdsupra. Extracts from the standard form of building contract private.

Standard form of building contract, private edition with. In view of the revisions and new additions, there will be an introductory period of about 3 months in preparation for full implementation of this 2017 edition as contract document starting from 1 october 2017. Hong kong local standard contracts provided by the hong kong special administrative region sar government commonly used for government construction projects. Standard form of building contract 2005 pdf the course aims to introduce the principles and procedures administering standard form of building contract commonly used in. Construction delays arising out of the novel coronavirus. Practice notes for new engineering contract nec term service contract tsc for public works projects in hong kong. A standard form contract sometimes referred to as a contract of adhesion, a leonine contract, a takeitorleaveit contract, or a boilerplate contract is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a take it or leave it. Standard form of building contracts 2005 edition agreement. Publications for sale download the hong kong institute of. Standard construction contract documents form c table of contents agreement declarations page sec. Extracts from the standard form of building contract. Standard building contract 2016 standard building contract. Members of hkca, currently over 300, are registered construction companies in hong kong. Standard building contracts are suitable for projects procured via the traditional or conventional method.

Hong kong accounting standard 11 construction contracts hkas 11 is set out in paragraphs 146. General conditions of contract for building works, 1999 edition. Practice notes for new engineering contract nec engineering and construction contract ecc for public works projects in hong kong. Hkas 11 shallshould be read in the context of its objective, the preface to hong kong financial reporting standards and the framework for the preparation and presentation of financial statements.

Title author type language date edition publication. Very good coverage of this leading international standard form of contract now in use in hong kong. Standard form of contract for maintenance and renovation works first edition 20 first amendments dec 2014. The standard form of building contract 2019 edition. Title, hkiahkishkipm standard form of building contract 2005. Standard form of contract designing buildings wiki.

Standard tender terms and conditions for contracts for use. Standard form construction contracts introduction subcommittee ti of the international bar association has undertaken to compile a library of standard conditions of contract for construction in various jurisdictions across the globe that. In hong kong, there are currently about 17,000 buildings aged 30. Free practical law trialto access this resource, sign up for a free trial of practical law. Hkas 11 construction contracts hong kong institute of. To assist employers and employees to draw up written employment contracts, the labour department has prepared a sample employment contract for their reference. This practice note examines some of the key areas where the nec3 and nec4 standard form construction contracts take a different approach to the jct 2011 and 2016.

Standard form of domestic sub contract sub contract agreement sub contract agreement this sub contract agreement which terms shall be read in conjunction with the sub contract particulars annexed hereto is made between the contractor of the one part and the subcontractor of the other part. After more than ten years of work by the joint contracts committee jcc, the new form of contract jointly published by the hong kong institute of architects. Construction contract addendum forms are used for when contractors have addendum at the end of the contract. Jul 28, 2010 international standard forms of contractby plc crossborderrelated contenta legal update on standard forms of contract in construction and engineering projects, using information from the plc crossborder construction and projects handbook 201011. This paper presents the key features introduced in the new form of contract to suit the special nature of major maintenance and renovation works. Building contract for use in the hong kong special administrative region. The set of housing authority general conditions of contract hagcc comprises the following standard forms of contract for use in capital works new works contracts hong kong housing authority general conditions of contract for building works 20 edition version 1. Hong kong standard method of measurement of building works, fourth edition revised. Addendums are an item of additional material, typically omissions, added at the end of a book or other publication. The jct standard building contract is designed for large or complex construction projects where detailed contract provisions are needed. Clause 151 of the hkis standard form of building contract may 1979 revision has a similar provision without the requirement for tests. One of the most important provisions of the new standard form of building contract 2005 which was launched in april of this year is the extension of time provision contained in clause 25. Generating your building contract online allows you to create, alter, manage and view all of your contracts in one secure location before printing the final contract. If they form a limited company, there will be contracts between the company and each shareholder, and between the company and each director.

Free trialcontact us our customer support team are on. The government of the hong kong special administrative region the employer. Users should consider to incorporate the requirements of the employer or the special provisions. Development bureau the government of the hong kong special administrative. The hong kong university of science and technology school.

The technology and construction court dismissed a claim brought by a tenant against a contractor pursuant to a collateral warranty for breach of the defects liability provisions of the building contract a jct standard form of building contract with contractors design 1998 edition. International standard forms of contract practical law. In view of the latest situation of the covid19 pandemic and for the sake of reducing social contacts, the buildings department bd will from 30 march 2020 adjust the opening hours of the receipt and dispatch counter of bds new buildings divisions at 7f, 14 taikoo wan road, hong kong to monday, wednesday and friday except public holidays from 8. Housing authority general conditions of contract for capital. These contracts have the potential to reduce transaction costs by eliminating the need to negotiate the many details of a contract for each instance a product is sold or a service is used. Name of practice notes latest version pre contract estimates and cost plans october 2016 tendering november 2012. Agreement and schedule of conditions of building contract. Standard building contract without quantities 2016 jct fluctuations options b and c jct fluctuations option b labour and materials cost and tax fluctuations deemed calculation of contract sum labour rat es etc. Hong kong means the hong kong special administrative region of the peoples republic of china. General conditions of contract for building works, 1999 edition standard government form.

Times are changing for professional education as for all else in hong kong. Form of tender for capital works contract hong kong construction association standard form of domestic sub contract 2008 edition. The hong kong society of accountants has recognized the need to bring its educational demands home to hong kong and forward to the present day. These are sometimes referred to as boilerplate contracts, contracts of adhesion, or take it or leave it contracts. The contractor shall enter into a sub contract with the nbwsc in the. Standard form contracts are agreements that employ standardised, nonnegotiated provisions, usually in preprinted forms.