Note
- 29/1/2024: Updated to include NEC and HKHA contracts.
- 19/2/2023: Revised. SFBC clause headings added.
- 18/3/2020: Revised.
- 20/12/2014: Moved from wiki.
Standard Forms of Contract for use in Hong Kong 香港的標準合約
Old Private Forms of Building Contract
- Drawn up by the Hong Kong Institute of Architects, the Royal Institution of Chartered Surveyors (Hong Kong Branch) and the Society of Builders, Hong Kong:
- Agreement & Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, First RICS (HK Branch) Edition 1986 (with quantities) incorporating up to Second amendments published in July, 1999 (SFBCwQ.1986(2ndAmend.July1999))
- Agreement & Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, First RICS (HK Branch) Edition 1986 (without quantities) incorporating up to Second amendments published in July, 1999 (SFBCnQ.1986(2ndAmend.July1999))
- Sub-Contract for use where the Sub-Contractor is nominated under the Standard Form of Building Contract for Hong Kong, First RICS (HK Branch) Edition 1986 incorporating up to Second amendments published in February, 2000.
New Private Forms of Building Contract
- Published by the Hong Kong Institute of Architects, the Hong Kong Institute of Construction Managers and the Hong Kong Institute of Surveyors:
- Agreement & Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, Private Edition – With Quantities, 2005 Edition (SFBCwQ.2005)
- Agreement & Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, Private Edition – Without Quantities, 2006 Edition (SFBCnQ.2006)
- Agreement & Schedule of Conditions of Nominated Sub-Contract for use in the Hong Kong Special Administrative Region, 2005 Edition
- The private forms may be purchased from the Hong Kong Institute of Surveyors, 111 Connaught Road Central, Sheung Wan, Hong Kong.
Government Forms of Contract
- Visit to see what are usually called the “GCC” (General Conditions of Contract) but note that the Government has moved to use NEC (formerly the New Engineering Contract): https://www.devb.gov.hk/en/publications_and_press_releases/publications/standard_contract_documents/index.html.
(revised, 19/2/2023)
NEC4 - New Engineering Contract
- Published by Thomas Telford Ltd, which is a wholly owned subsidiary of the Institution of Civil Engineers (ICE), the owner and developer of the NEC.
- Option A: Priced contract with activity schedule
- Option B: Priced contract with bill of quantities
- Option C: Target contract with activity schedule
- Option D: Target contract with bill of quantities
- Option E: Cost reimbursable contract
- Option F: Management contract.
Housing Authority General Conditions of Contract for Capital Works
- Published by the Hong Kong Housing Authority: https://www.housingauthority.gov.hk/en/business-partnerships/resources/general-conditions-of-contract-for-capital-works/index.html
- Hong Kong Housing Authority General Conditions of Contract for Building Works 2013 Edition (version 1.1) (PDF format)
- Hong Kong Housing Authority General Conditions of Contract for Foundation Works 2013 Edition (version 1.1) (PDF format)
- Hong Kong Housing Authority General Conditions of Contract for Civil Engineering Works 2013 Edition (version 1.1) (PDF format)
- Hong Kong Housing Authority General Conditions of Contract for Miscellaneous Works 2013 Edition (version 1.1) (PDF format)
- Hong Kong Housing Authority Articles of Agreement and General Conditions of Nominated Sub-contract to Building Works Contracts 2013 Edition (version 1.1) (PDF format).
(added, 29/1/2024)
MTR Corporation Ltd.'s Own Standard Forms before moving to use NEC
- Conditions of Contract for Civil Engineering and Building Works Construction.
- Conditions of Contract for Design and Build.
- Conditions of Contract for E&M.
- Conditions of Contract for Major Works.
- Conditions of Contract for Minor Works.
- Conditions of Contract for Entrustment Works.
Clause headings of SFBCwQ.2005
Contents
Articles of Agreement
Attestation
The General Conditions
1 Interpretation and definitions
2 Contractor's obligations
3 Master programme
4 Architect's instructions
5 Documents forming the Contract and other documents
6 Statutory obligations
7 Setting out the Works
8 Materials, goods, workmanship and work
9 Intellectual property rights
10 Contractor's site management team
11 Access for the Architect to the Works
12 Architect's representative
13 Variations, Provisional Quantities, Provisional Items and Provisional Sums
14 Contract Bills
15 Contract Sum
16 Materials and goods on or off-site
17 Substantial Completion and defects liability
18 Partial possession by Employer
19 Assignment and sub-letting
20 Injury to persons and property and indemnity to Employer
21 Insurance against injury to persons or property
22 Insurance of the Works
22A Insurance of the Works by the Contractor
22B Insurance of the Works by the Employer
22C Insurance of existing building and insurance of the Works by the Employer
23 Possession, commencement and completion
24 Damages for non-completion
25 Extension of time
26 Delay recovery measures
27 Direct loss and/or expense
28 Notice of claims for additional payment
29 Nominated Sub-Contractors and Nominated Suppliers
30 Persons engaged by Employer
31 Facilities for statutory undertakers and utility companies
32 Certificates and payments
33 Surety bond
34 Antiquities
35 Determination by Employer
36 Determination by Contractor
37 Determination by Employer or Contractor
38 Fluctuations
39 Notices, certificates and other communications
40 Recovery of money due to the Employer
41 Settlement of disputes
Appendix
Schedule 1 - Form of Surety Bond to be given by the Contractor to the Employer
Schedule 2 - Form of Warranty to be given by the Nominated Sub-Contractor to the Employer in consideration of Nomination
Schedule 3 - Form of Warranty to be given by the Nominated Supplier to the Employer in consideration of Nomination
Index to the General Conditions
(added, 19/2/2023)