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Home Builder Agreement

Home Builder Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Home Builder Agreement

"I need a Home Builder Agreement for a luxury residential project in Hong Kong's Peak district, with specific provisions for high-end finishes and materials, and additional clauses for extensive landscaping works to be completed by March 2025."

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Document background
The Home Builder Agreement is a crucial legal document used in Hong Kong's residential construction industry when a property owner engages a contractor to build or substantially renovate a residential property. This agreement must comply with Hong Kong's Buildings Ordinance, Construction Industry Council regulations, and related legislation. The document typically includes detailed specifications of the construction work, quality standards, timeline, payment structure, and risk allocation between parties. It serves to protect both the homeowner's interests and the builder's rights while ensuring the project meets all local building codes and safety requirements. The agreement should be customized based on project scope, ranging from new home construction to major renovations, and must incorporate specific provisions required under Hong Kong law for residential construction contracts.
Suggested Sections

1. Parties: Identification of the homeowner/client and the builder/contractor, including full legal names and addresses

2. Background: Context of the agreement, including property details and general scope of the construction project

3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms

4. Scope of Work: Detailed description of the construction work to be performed, including specific inclusions and exclusions

5. Contract Price and Payment Terms: Total contract price, payment schedule, deposit requirements, and terms for progress payments

6. Timeline and Completion: Project schedule, start date, completion date, and provisions for extensions of time

7. Builder's Obligations: Detailed responsibilities of the builder, including compliance with regulations, standards, and specifications

8. Client's Obligations: Responsibilities of the client, including site access, approvals, and decision-making timeframes

9. Materials and Workmanship: Quality standards, material specifications, and approval processes

10. Variations: Process for requesting, approving, and charging for variations to the original scope

11. Inspections and Defects: Inspection requirements, defect identification and rectification processes

12. Insurance and Warranties: Required insurance coverage and warranty terms for the work

13. Default and Termination: Grounds for termination, consequences of default, and remedies

14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures

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

Optional Sections

1. Site Safety Management: Detailed safety protocols and responsibilities - required for larger construction projects

2. Environmental Management: Environmental protection measures - required when project has significant environmental impact

3. Subcontractors: Terms regarding engagement and management of subcontractors - needed when subcontractors will be used

4. Intellectual Property: Protection of designs and architectural plans - needed when custom designs are involved

5. Force Majeure: Provisions for unforeseen circumstances - recommended for longer-term projects

6. Financing Arrangements: Terms related to project financing - needed when bank financing is involved

7. Temporary Works: Provisions for temporary structures and facilities - needed for complex construction projects

Suggested Schedules

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

2. Schedule 2 - Bill of Quantities: Itemized list of materials and works with quantities and prices

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment stages and amounts

4. Schedule 4 - Construction Timeline: Detailed project timeline with milestones and completion dates

5. Schedule 5 - Quality Standards and Finishes: Specific quality requirements and finishing specifications

6. Schedule 6 - Permits and Approvals: List of required permits and responsibilities for obtaining them

7. Appendix A - Insurance Requirements: Detailed insurance specifications and coverage requirements

8. Appendix B - Site Safety Plan: Detailed safety procedures and protocols

9. Appendix C - Warranty Terms: Detailed warranty provisions and procedures

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 Inspector
Building Works
Certificate of Completion
Certificate of Practical Completion
Client
Commencement Date
Completion Date
Construction Documents
Construction Period
Contract Price
Contract Sum
Contractor
Defects
Defects Liability Period
Delay
Extension of Time
Final Account
Force Majeure
Government Authority
Intellectual Property Rights
Latent Defects
Materials
Occupation Permit
Payment Certificate
Payment Schedule
Permitted Uses
Plans and Specifications
Practical Completion
Progress Payment
Project
Project Manager
Property
Quantity Surveyor
Retention Money
Site
Specifications
Subcontractor
Substantial Completion
Variation
Variation Order
Work
Works
Clauses
Interpretation
Scope of Work
Construction Standards
Payment Terms
Time for Completion
Variations
Quality Assurance
Site Access
Health and Safety
Environmental Protection
Insurance
Indemnification
Warranties
Defects Liability
Force Majeure
Default and Termination
Dispute Resolution
Confidentiality
Assignment
Subcontracting
Compliance with Laws
Permits and Approvals
Materials and Workmanship
Project Management
Site Security
Risk Allocation
Intellectual Property
Notice Requirements
Record Keeping
Governing Law
Entire Agreement
Relevant Industries

Construction

Real Estate

Architecture

Property Development

Building Materials

Construction Insurance

Property Management

Home Renovation

Residential Development

Relevant Teams

Legal

Construction Management

Project Management

Contract Administration

Risk and Compliance

Architecture

Procurement

Quality Assurance

Site Operations

Property Development

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Administrator

Quantity Surveyor

Site Manager

Building Inspector

Architect

Property Developer

Risk Manager

Insurance Manager

Compliance Officer

Construction Engineer

Procurement Manager

Industries
Buildings Ordinance (Cap. 123): Primary legislation governing building works, construction standards, and safety requirements in Hong Kong
Building (Construction) Regulations: Detailed regulations under the Buildings Ordinance specifying construction standards and requirements
Construction Workers Registration Ordinance (Cap. 583): Regulates registration and qualification requirements for construction workers
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Governs third-party rights in contractual agreements
Trade Descriptions Ordinance (Cap. 362): Ensures accurate descriptions of services and materials in construction contracts
Environmental Impact Assessment Ordinance (Cap. 499): Regulates environmental considerations in construction projects
Conveyancing and Property Ordinance (Cap. 219): Governs property transactions and related contractual matters
Construction Industry Council Ordinance (Cap. 587): Establishes standards and practices for the construction industry
Supply of Services (Implied Terms) Ordinance (Cap. 457): Provides implied terms for service contracts, including construction services
Occupational Safety and Health Ordinance (Cap. 509): Specifies workplace safety requirements for construction projects
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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