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Subcontractor Framework Agreement
"I need a Subcontractor Framework Agreement under Hong Kong law for use with multiple engineering subcontractors on a large infrastructure project starting in March 2025, with specific provisions for performance bonds and local content requirements."
1. Parties: Identification of the main contractor and subcontractor, including full legal names and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Appointment and Scope: Terms of appointment and general scope of services that may be provided under the framework
5. Work Orders: Process for issuing, accepting, and executing specific work orders under the framework
6. Subcontractor Obligations: Core duties and responsibilities of the subcontractor
7. Main Contractor Obligations: Core duties and responsibilities of the main contractor
8. Quality and Standards: Required quality levels, industry standards, and compliance requirements
9. Health and Safety: Safety requirements and compliance with relevant Hong Kong regulations
10. Payment Terms: General payment framework, including invoicing process and payment timing
11. Insurance and Liability: Required insurance coverage and allocation of liabilities between parties
12. Intellectual Property: Ownership and usage rights of IP created during the performance of services
13. Confidentiality: Protection of confidential information exchanged between parties
14. Term and Termination: Duration of the framework agreement and termination provisions
15. Force Majeure: Handling of events beyond parties' reasonable control
16. Governing Law and Jurisdiction: Confirmation of Hong Kong law governance and jurisdiction for disputes
17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Performance Bonds: Required when specific security for performance is needed for high-value or high-risk work
2. Parent Company Guarantee: Include when dealing with subsidiary companies or requiring additional financial security
3. Environmental Compliance: Specific section for projects with significant environmental implications
4. Data Protection: Required when personal data processing is involved in the services
5. Anti-Corruption: Detailed provisions for projects with specific anti-corruption compliance requirements
6. Local Content Requirements: Include when there are specific requirements for local workforce or materials
7. Dispute Resolution: Detailed alternative dispute resolution procedures, if different from standard litigation
8. Assignment and Subcontracting: Detailed provisions if further subcontracting might be permitted
1. Schedule 1 - Services Description: Detailed description of the types of services that may be provided under the framework
2. Schedule 2 - Rate Card: Standard rates and pricing mechanisms for different types of services
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Work Order Template: Standard form for individual work orders under the framework
5. Schedule 5 - Insurance Requirements: Detailed insurance requirements including types and levels of coverage
6. Schedule 6 - Key Personnel: List of key personnel from both parties responsible for managing the relationship
7. Schedule 7 - Health and Safety Requirements: Detailed health and safety procedures and requirements
8. Schedule 8 - Required Certifications: List of required certifications and qualifications for personnel
9. Appendix A - Form of Performance Bond: Standard form for any required performance bonds
10. Appendix B - Reporting Templates: Standard templates for required regular reporting
Authors
Applicable Laws
Background IP
Business Day
Commencement Date
Confidential Information
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Hong Kong
Intellectual Property Rights
Key Personnel
Main Contractor
Main Contractor Materials
Main Contract
Payment Terms
Performance Standards
Project
Project Site
Quality Standards
Rate Card
Relevant Permits
Required Insurances
Services
Service Levels
Subcontractor
Subcontractor Personnel
Specifications
Term
Termination Date
Work Order
Works
Variation
Health and Safety Requirements
Completion
Practical Completion
Defects
Defects Liability Period
Emergency
Environmental Requirements
Force Majeure Event
Insolvency Event
Liability Cap
Loss
Material Breach
Payment Milestone
Performance Bond
Personnel
Programme
Project Manager
Quality Management System
Rates
Records
Site Rules
Specific Terms
Statutory Requirements
Technical Requirements
Warranties
Working Hours
Scope of Services
Work Order Process
Subcontractor Obligations
Main Contractor Obligations
Service Levels
Quality Standards
Health and Safety
Personnel
Payment
Invoicing
Taxes
Insurance
Liability and Indemnity
Warranties
Performance Security
Intellectual Property
Confidentiality
Data Protection
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Term
Suspension
Termination
Force Majeure
Dispute Resolution
Assignment and Subcontracting
Notices
Variation
Entire Agreement
Severability
Waiver
Third Party Rights
Governing Law
Jurisdiction
Construction
Engineering
Information Technology
Manufacturing
Facilities Management
Professional Services
Telecommunications
Infrastructure
Real Estate Development
Industrial Services
Energy
Transportation
Legal
Procurement
Operations
Commercial
Risk & Compliance
Finance
Project Management
Supply Chain
Health & Safety
Quality Assurance
Procurement Manager
Contract Manager
Project Manager
Legal Counsel
Commercial Director
Operations Manager
Risk Manager
Compliance Officer
Supply Chain Manager
Chief Operating Officer
Construction Manager
Facilities Manager
Technical Director
Head of Procurement
General Counsel
Chief Financial Officer
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