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Builder Development Agreement

Builder Development Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Builder Development Agreement

"I need a Builder Development Agreement for a 40-story commercial building project in Kowloon, Hong Kong, with specific provisions for green building certification and smart building technology integration, with construction scheduled to commence in March 2025."

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Document background
The Builder Development Agreement is a crucial legal document used in Hong Kong's construction and development sector when engaging a builder or main contractor for development projects. This agreement is essential for projects ranging from commercial buildings to residential developments, incorporating Hong Kong's specific building regulations, construction standards, and legal requirements. The document typically includes comprehensive details about construction specifications, timelines, payment structures, quality standards, and risk allocation between parties. It serves as the primary contract governing the relationship between the developer and builder, ensuring clear understanding of responsibilities, compliance with local regulations, and providing mechanisms for project management and dispute resolution. The agreement must align with Hong Kong's Buildings Ordinance and related construction legislation, making it a fundamental tool for managing construction projects in Hong Kong's dynamic development landscape.
Suggested Sections

1. Parties: Identifies and provides full details of the developer/owner and the builder/contractor

2. Background: Sets out the context of the development project and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Scope of Works: Detailed description of the construction works to be undertaken

5. Contract Sum and Payment Terms: Specifies the agreed price, payment schedule, and mechanisms for variations

6. Commencement and Completion: States project timeline, completion dates, and provisions for extensions of time

7. Builder's Obligations: Comprehensive list of builder's responsibilities, including quality standards and compliance requirements

8. Developer's Obligations: Details the developer's responsibilities, including site access and necessary approvals

9. Variations: Procedures for requesting, approving, and implementing changes to the scope of works

10. Defects and Warranties: Provisions for defects liability period and warranties for workmanship and materials

11. Insurance and Indemnities: Required insurance coverage and indemnification obligations

12. Default and Termination: Circumstances constituting default and procedures for termination

13. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions

14. General Provisions: Standard legal provisions including notices, governing law, and entire agreement

Optional Sections

1. Environmental Management: Required when project has significant environmental implications or requires specific environmental compliance

2. Heritage Protection: Necessary when development involves or affects heritage buildings or sites

3. Community Engagement: Include when project requires specific community consultation or management of community impact

4. Intellectual Property Rights: Required when custom designs or innovative construction methods are involved

5. Force Majeure: Detailed provisions for unforeseen events, particularly relevant in long-term or complex projects

6. Financing Arrangements: Include when project involves specific financing conditions or requirements

7. Performance Bonds: Required when additional security for performance is needed

8. Provisional Sums: Include when certain costs cannot be accurately determined at contract formation

Suggested Schedules

1. Schedule 1 - Construction Plans and Specifications: Detailed architectural and engineering drawings, technical specifications

2. Schedule 2 - Construction Program: Detailed timeline of construction phases and milestones

3. Schedule 3 - Price Schedule and Bill of Quantities: Detailed breakdown of costs and quantities for materials and works

4. Schedule 4 - Site Plans and Access Details: Site boundaries, access points, and temporary works areas

5. Schedule 5 - Quality Assurance Requirements: Specific quality standards, testing requirements, and acceptance criteria

6. Schedule 6 - List of Approved Subcontractors: Pre-approved subcontractors for specific aspects of the works

7. Schedule 7 - Form of Certificates: Templates for various certificates including practical completion and payment certificates

8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

9. Appendix A - Statutory Approvals and Permits: Copies of all relevant building and planning approvals

10. Appendix B - Environmental Management Plan: Detailed environmental management procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Approved Plans
Architect
Building Works
Certificate of Practical Completion
Commencement Date
Completion Date
Construction Program
Contract Documents
Contract Sum
Defects Liability Period
Developer
Development
Extension of Time
Final Account
Force Majeure Event
Governing Law
Insurance Requirements
Intellectual Property Rights
Liquidated Damages
Main Contractor
Materials
Permitted Hours
Plans and Specifications
Project Manager
Project Site
Provisional Sums
Quantity Surveyor
Retention Money
Schedule of Rates
Site Access
Specifications
Subcontractor
Substantial Completion
Variation
Works
Working Day
Building Authority
Construction Industry Council
Environmental Requirements
Health and Safety Requirements
Occupation Permit
Performance Bond
Professional Indemnity Insurance
Progress Payment
Quality Assurance Standards
Statutory Requirements
Technical Specifications
Temporary Works
Warranties
Clauses
Scope of Works
Payment Terms
Project Timeline
Construction Standards
Quality Control
Health and Safety
Environmental Compliance
Insurance Requirements
Indemnification
Performance Security
Variations
Extensions of Time
Force Majeure
Default and Termination
Dispute Resolution
Warranties and Defects
Subcontracting
Site Access and Control
Materials and Equipment
Testing and Inspection
Practical Completion
Retention
Liquidated Damages
Intellectual Property
Confidentiality
Assignment and Novation
Notices
Governing Law
Risk Allocation
Compliance with Laws
Labor Requirements
Documentation
Project Management
Reporting Requirements
Security of Payment
Defects Liability
Permits and Approvals
Site Conditions
Design Responsibilities
Construction Method
Relevant Industries

Construction

Real Estate Development

Property Management

Infrastructure Development

Commercial Real Estate

Residential Development

Industrial Development

Urban Planning

Architecture

Engineering Services

Relevant Teams

Legal

Construction

Project Management

Development

Commercial

Operations

Finance

Compliance

Risk Management

Technical Services

Property

Procurement

Relevant Roles

Development Director

Construction Manager

Project Manager

Contract Manager

Legal Counsel

Chief Executive Officer

Property Developer

Construction Director

Quantity Surveyor

Site Manager

Risk Manager

Commercial Director

Technical Director

Compliance Officer

Operations Manager

Finance Director

Industries
Buildings Ordinance (Cap. 123): Primary legislation governing building works, setting standards for building design, construction, and safety requirements in Hong Kong
Construction Workers Registration Ordinance (Cap. 583): Regulates registration and management of construction workers, ensuring only qualified personnel work on construction projects
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Governs third-party rights in contractual relationships, relevant for subcontractors and other stakeholders
Environmental Impact Assessment Ordinance (Cap. 499): Mandates environmental impact assessments for designated projects and obtaining environmental permits
Occupational Safety and Health Ordinance (Cap. 509): Sets requirements for workplace safety and health protection in construction sites
Town Planning Ordinance (Cap. 131): Governs land use and development planning, ensuring compliance with zoning and planning requirements
Construction Industry Council Ordinance (Cap. 587): Establishes framework for industry standards and practices in construction sector
Waste Disposal Ordinance (Cap. 354): Regulates disposal of construction waste and materials from building sites
Noise Control Ordinance (Cap. 400): Controls construction noise and sets permitted working hours for construction activities
Air Pollution Control Ordinance (Cap. 311): Regulates air pollution from construction activities and sets standards for dust control
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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