The person, company or firm appointed from time to time by the Employer and notified in writing to the Contractor to act as the Architect for the purposes of the Contract.
Any person, or persons appointed from time to time by the Architect and notified in writing to the Contractor to perform the duties set forth in Clause 2(2).
The Contractor shall indemnify and keep indemnified the Employer against all losses and claims for injury or damage to any person or property arising out of the execution of the Works.
Setting-out refers to the true and proper positioning of the Works in relation to original points, lines, and levels of reference shown on the Drawings or any schedule supplied by the Architect, ensuring the correctness of the position, level, dimensions, and alignment of all parts of the Works.
The Contractor is responsible for the care of any outstanding work and all items retained on the Site during the Maintenance Period.
Temporary Works are structures or installations designed by the Architect that are necessary for the execution of the permanent works but are not part of the final project.
Fossils, coins, articles of value or antiquity, and structures discovered on the Site are the absolute property of the Employer, and the Contractor must take precautions to prevent their removal or damage.
The Articles of Agreement, the Tender and the acceptance thereof by the Employer, including such further agreed documents as may be expressly referred to in or by the same, Drawings, General Conditions of Contract, Special Conditions of Contract, Specification and priced Bills of Quantities or Schedule of Rates.
The Contract shall be governed by and construed according to the laws for the time being in force in Hong Kong.
The Contractor remains fully responsible for any liability or obligation under the Contract, including the acts and defaults of any sub-contractor, as if they were the Contractor's own actions.
The Contractor must notify the Commissioner for Labour and report the incident to the Architect as required by the Employees’ Compensation Ordinance, regardless of whether a compensation claim is made.
The authorized agent represents the Contractor on the Site, receiving directions and instructions from the Architect and ensuring proper supervision.
Mutually explanatory means that the various documents forming the Contract should be interpreted in a way that clarifies any ambiguities or discrepancies, with the Architect responsible for issuing clarifying instructions.
The Contractor is required to effect and maintain any insurance specified in the Special Conditions of Contract; failure to do so allows the Employer to obtain the insurance and recover the costs from the Contractor.
Claims for additional payment will not be allowed based on misunderstandings or insufficient information regarding the Site or execution of the Works.
If the Architect is dissatisfied, they can require the Contractor to make amendments to the proposals, which the Contractor must do at no additional expense to the Employer.
The Contractor shall not use or divulge any information provided by the Employer or the Architect, except for the purpose of the Contract.
The Contractor must keep one copy of the Drawings on the Site for inspection and use by the Architect and authorized representatives, ensuring they are available at all reasonable times.
Notices required to comply with any enactment or the rules and regulations of the Government of the Hong Kong Special Administrative Region or other competent authority, which must be written in English and Chinese.
The Contractor must provide the Architect with the specified type and number of copies of the approved Drawings and documents within 14 days.
The Contractor can either obtain a guarantee from an approved insurance company or bank or deposit a specified sum with the Director of Accounting Services as security.
The sum provided for work or expenditure which cannot be foreseen at the time the tender documents are issued, which may include provision for work to be executed or for materials or services to be supplied by a Nominated Sub-contractor.
The Architect has the authority to prohibit sub-contracting in writing and can order the removal of any sub-contractor from the Site if deemed necessary, ensuring that such power is not exercised unreasonably.
The Contractor's obligation to ensure that his Tender is correct and sufficient for the execution of the Works, covering all risks, liabilities, and obligations.
The Contractor must notify the Architect of any incorporation of patented articles as a condition precedent to reimbursement for expenses related to patent rights infringement.
The sum offered by the Contractor and accepted by the Employer for the execution of the Works at the date of acceptance of the Tender for the Works.
The Contractor must make good the damage at his own expense or pay the Employer the cost of making good the damage, while continuing to execute the Works as per the Contract.
Sub-contracting refers to the Contractor's ability to delegate part of the Works to another party, provided it is not expressly prohibited by the Contract. The Contractor remains liable for the acts and defaults of the sub-contractor.
The Contractor must submit a programme to the Architect showing the sequence, method, and timing for carrying out the Works within a specified period after Tender acceptance.
The Contractor remains liable for the Drawings and documents submitted, regardless of any examination or approval given by the Architect.
The specifications referred to in the Contract and any modifications or additions approved in writing by the Architect.
Every Sunday and other day which is a general holiday by virtue of the General Holidays Ordinance (Cap. 149).
The process by which the Contractor examines and inspects the Site and its surroundings to gather necessary information before submitting a Tender.
The Surveyor shall carry out the duties and may exercise the powers specified in or necessarily implied from the Contract.
The Contractor must submit all Drawings and documents in duplicate to the Architect at a reasonable time before the work is to be carried out, unless the Contract states otherwise.
The person, company, or firm appointed by the Employer to act as the Surveyor for the purposes of the Contract.
The sum provided for work to be executed or for materials or services to be supplied by a Nominated Sub-contractor; such sum shall be the estimated net price to be paid for such work executed or for materials or services supplied by a Nominated Sub-contractor, after deducting any trade or other discount.
Care of the Works involves the Contractor taking full responsibility for the Works, any Specialist Works, Constructional Plant, temporary buildings, and materials on the Site from the commencement date until 28 days after the completion date certified by the Architect.
Any delegation of duties by the Architect must be in writing, signed by the Architect, and specify the duties and powers delegated, with a copy delivered to the Contractor.
Any work separately identified in the Contract and connected with or ancillary to the Works, carried out on the Site by a Specialist Contractor.
The sum to be ascertained and paid in accordance with the provisions hereinafter contained for the execution of the Works in accordance with the Contract.
Interference with traffic and adjoining properties refers to the Contractor's obligation to carry out operations without unnecessarily disrupting public convenience or access to roads, footpaths, or properties.
A record maintained by the Architect’s Representative that includes information about labour, materials, work carried out, and instructions issued to the Contractor, affecting the progress or quality of the Works.
The sum retained by the Employer as retention money in accordance with the Contract.
Expenditure reasonably incurred including overheads whether on or off the Site and depreciation in value of Constructional Plant owned by the Contractor but excluding profit.
A part of the Site separately identified in the Contract.
Indemnity refers to the Contractor's obligation to compensate the Employer for all claims, demands, proceedings, damages, costs, charges, and expenses arising from the Contractor's actions or omissions, except in cases of negligence by the Employer or Architect.
It refers to the final certificate issued for the completion of the Works, as defined in Clause 53.
Drawings are the graphical representations and documents provided under the Contract that detail the work to be carried out by the Contractor.
All specialists, merchants, tradesmen and the like executing any part of the Works or supplying any materials or services for the Works who shall have been or shall be nominated by the Employer and employed by the Contractor.
The requirement for the Contractor to provide necessary supervision during the execution of the Works and ensure proper fulfillment of obligations under the Contract.
The Contractor must give all notices and pay all licenses, levies, premiums, or other fees required by any enactment or regulation related to the execution of the Works, including any new or increased fees after the submission of the Tender.
The lands and other places including the sea under, over, on, in or through which the Works are to be constructed, along with any other lands or places provided by the Employer for the execution of the Works.
The Government of the Hong Kong Special Administrative Region.
The Architect has the authority to object to and require the Contractor to remove any person employed who is deemed to be incompetent, negligent, or undesirable, and such person cannot be re-employed without the Architect's written permission.
Failure of the Architect’s Representative to disapprove any work or material does not prejudice the Architect's power to disapprove such work or material later.
The person, firm or company whose Tender has been accepted by the Employer and includes the Contractor’s personal representatives, successors and permitted assigns.
The 'excepted risks' include outbreak of war, invasion, acts of foreign terrorists, civil war, riots, occupation by the Employer, damage due to the Architect’s design, neglect by the Architect or Employer, and contamination from nuclear sources.
The duties of the Architect’s Representative include watching and inspecting the Works, testing and examining materials and workmanship, and carrying out duties and exercising powers delegated by the Architect.
The Contractor shall not assign the Contract or any interest therein without the written consent of the Employer, and any assignment must be in a form approved by the Employer.
All appliances or things of whatsoever nature required for the execution of the Works but does not include materials or other things intended to form or forming part of the permanent work or vehicles engaged in transporting any personnel, Constructional Plant, materials or other things to or from the Site.
The work or services to be carried out by Nominated Subcontractors, including Temporary Works, in accordance with the Contract.
The Contractor is responsible for the adequate stability and safety of all operations on the Site, maintaining an orderly state to avoid danger, providing necessary lights, guards, fences, and warning signs, and ensuring the safety of all persons on or near the Site.
Patent rights and royalties refer to the Contractor's responsibility to indemnify the Employer against claims related to the infringement of any patent rights, designs, trademarks, or other protected rights in relation to the works.
The Contractor must ensure that any sub-contractors provide and employ necessary personnel on the Site for the execution of the Works.
The Contractor must enter into and execute Articles of Agreement prepared at the Employer's expense with necessary modifications.
Any contractor employed by the Employer to execute Specialist Works.
The maintenance period named in the Appendix to the Form of Tender commencing on the day following the date of completion of the Works or any Section or part thereof certified by the Architect.
The Architect shall have no power to amend the terms and conditions of the Contract nor to relieve the Contractor of any of his obligations under the Contract.
The Surveyor may need to obtain confirmation from the Employer that there are no objections to the proposed course of action before carrying out any duty.
The Contract, all correspondence, and documents provided by the Contractor must be in English.
A part of the Works for which a separate time for completion is identified in the Contract.
The drawings referred to in the Specification or Bills of Quantities and any modification of such drawings approved in writing by the Architect.
The Contractor must execute the Works and provide all necessary labor, materials, and equipment as specified in the Contract.
The Contractor’s tender for the Contract.
The Architect shall carry out the duties and may exercise the powers specified in or necessarily implied from the Contract.
All temporary work of every kind required for the construction, completion, and maintenance of the Works.
A sum provided for work or expenditure which has not been quantified or detailed at the time the tender documents are issued, which may include provision for work to be executed or for materials or services to be supplied by a Nominated Sub-contractor.
