p.1
Conditions for Payment and Retention Money
On which pages can you find information about Payment for repairs in the Maintenance Period?
Pages 31 & 32 and 56(3) & 58(2)
p.5
General Conditions of Contract Interpretation
How are the documents forming the Contract treated?
They are mutually explanatory, but the General Conditions prevail unless stated otherwise.
p.6
Handling of Drawings and Specifications
What must the Contractor do with Drawings and Contract documents upon completion of the Works?
Return all Drawings and other Contract documents to the Architect, except for the Contractor’s signed copy.
p.5
Sub-contracting Regulations
What power does the Architect have regarding sub-contractors?
The Architect can order the removal of any sub-contractor from the Site if deemed necessary.
p.7
Contractor's Obligations and Duties
What must the Contractor submit to the Architect within 14 days of Tender acceptance?
A programme showing the sequence, method, and timing of the Works.
p.2
General Conditions of Contract Interpretation
What does 'Architect' refer to in the contract?
The person, company, or firm appointed by the Employer to act as the Architect for the purposes of the Contract.
p.7
Contractor's Obligations and Duties
What is the Contractor required to provide during the execution of the Works?
All necessary superintendence and a competent authorized agent on the Site.
p.5
Sub-contracting Regulations
Under what conditions can the Contractor sub-contract the Works?
The Contractor can sub-contract unless expressly prohibited by the Contract.
p.9
Indemnity and Liability Clauses
What is the Contractor's obligation regarding indemnity to the Employer?
The Contractor must indemnify the Employer against all losses and claims for injury or damage arising from the execution of the Works.
p.3
Sub-contracting Regulations
Who is a 'Specialist Contractor'?
Any contractor employed by the Employer to execute Specialist Works.
p.3
Roles and Responsibilities of the Architect
What is the role of the 'Surveyor' in a contract?
The person, company, or firm appointed by the Employer to act as the Surveyor for the purposes of the Contract.
p.2
General Conditions of Contract Interpretation
Who is the 'Employer' in this contract?
The Government of the Hong Kong Special Administrative Region.
p.6
Contractor's Obligations and Duties
What is the Contractor's obligation if details do not comply with the Contract after approval?
Make necessary alterations or additions at the Contractor’s own expense.
p.6
Contractor's Obligations and Duties
What is the Contractor required to provide for the execution of the Works?
All labour, materials, Constructional Plant, Temporary Works, and transport as specified in the Contract.
p.1
Indemnity and Liability Clauses
What is covered under clause 22?
Damage to property and persons.
p.4
Roles and Responsibilities of the Architect
What power does the Architect have regarding the terms of the Contract?
The Architect shall have no power to amend the terms and conditions of the Contract nor to relieve the Contractor of any obligations.
p.3
Contractor's Obligations and Duties
What are 'Temporary Works'?
All temporary work of every kind required for the construction, completion, and maintenance of the Works.
p.2
General Conditions of Contract Interpretation
What does 'Prime Cost Sum' mean?
The estimated net price for work or materials supplied by a Nominated Sub-contractor, after discounts.
p.5
Sub-contracting Regulations
Does sub-contracting relieve the Contractor of their obligations?
No, the Contractor remains liable for the acts and defaults of any sub-contractor.
p.7
Contractor's Obligations and Duties
What must the Contractor ensure about his Tender?
The Contractor must ensure the correctness and sufficiency of his Tender and the rates stated in the Bills of Quantities.
p.7
Contractor's Obligations and Duties
What is the role of the Contractor's authorized agent on the Site?
The authorized agent must be competent, English-speaking, and constantly present to supervise the Works.
p.2
General Conditions of Contract Interpretation
Who is the 'Architect’s Representative'?
Any person appointed by the Architect to perform specific duties as outlined in the contract.
p.2
General Conditions of Contract Interpretation
What constitutes the 'Contract'?
The Articles of Agreement, Tender, acceptance by the Employer, and other agreed documents, including Drawings and Conditions of Contract.
p.10
Contractor's Obligations and Duties
What is the Contractor's responsibility regarding the design of permanent and temporary works?
The Contractor is not responsible for the design of permanent work or any Temporary Works designed by the Architect.
p.6
Roles and Responsibilities of the Architect
What happens if the Architect is dissatisfied with the Contractor's proposals?
The Architect can require the Contractor to make amendments at no additional expense to the Employer.
p.9
Contractor's Obligations and Duties
What happens to the responsibility for the care of the works upon completion certified by the Architect?
The responsibility passes to the Employer.
p.3
Handling of Drawings and Specifications
Define 'Site' as per the contract.
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 provided by the Employer.
p.10
Indemnity and Liability Clauses
What is the Contractor's liability regarding damage caused by their agents or employees?
The Contractor shall not be liable for damages if the Employer or their agents contributed to the damage, loss, or injury.
p.3
Payment Procedures for Sub-contractors
What is the currency for payments as per the contract?
All payments shall be made in Hong Kong dollars.
p.10
Handling of Drawings and Specifications
What must the Contractor do in case of a worker's personal injury?
The Contractor must notify the Commissioner for Labour and report the matter to the Architect.
p.8
Contractor's Obligations and Duties
What is the Contractor responsible for regarding the setting-out of the Works?
The true and proper setting-out in relation to original points, lines, and levels shown on the Drawings.
p.9
Indemnity and Liability Clauses
What happens if damage occurs to the Employer's property during the execution of the Works?
The Contractor must make good the damage or pay the cost of making good.
p.8
Site Safety and Security Measures
What measures must the Contractor provide for site safety?
Lights, guards, fences, warning signs, and watchmen as necessary.
p.4
Roles and Responsibilities of the Architect
What are the duties of the Architect’s Representative?
To watch and inspect the Works, test materials, and carry out duties delegated by the Architect.
p.4
Sub-contracting Regulations
What is required for the Contractor to assign the Contract?
The Contractor must obtain written consent from the Employer.
p.5
Sub-contracting Regulations
What must the Architect do if they wish to prohibit sub-contracting?
The Architect must provide written notice within 14 days of receiving a request from the Contractor.
p.7
Contractor's Obligations and Duties
What must the Contractor do before submitting his Tender regarding the Site?
The Contractor must examine and inspect the Site and its surroundings to satisfy himself about various factors affecting the execution of the Works.
p.9
Contractor's Obligations and Duties
What is the Contractor's responsibility during the Maintenance Period?
The Contractor must take full responsibility for any outstanding work and for all items retained on the Site.
p.5
General Conditions of Contract Interpretation
What should the Architect do in case of ambiguities or discrepancies in the Contract documents?
The Architect shall issue instructions to clarify such ambiguities or discrepancies.
p.3
Conditions for Payment and Retention Money
What does 'Retention Money' refer to in a contract?
The sum retained by the Employer as retention money in accordance with the Contract.
p.8
Site Safety and Security Measures
What is the Contractor's responsibility for site safety?
Full responsibility for the stability and safety of all operations on the Site, ensuring safety for all persons.
p.10
Indemnity and Liability Clauses
How does negligence by the Employer affect the Contractor's indemnities?
The Contractor's indemnities remain effective despite any negligence or omission by the Employer or Architect.
p.7
Contractor's Obligations and Duties
What is the consequence if the Contractor misunderstands information regarding the Site?
No claim for additional payment will be allowed based on misunderstandings or insufficient information.
p.9
Indemnity and Liability Clauses
What must the Contractor do in case of damage, loss, or injury to the Works?
The Contractor must make good the damage at his own expense or pay the Employer for the cost of making good.
p.5
Handling of Drawings and Specifications
What is the Contractor's obligation regarding Drawings and Specifications?
The Contractor must keep one copy of the Drawings on the Site for inspection by authorized persons.
p.2
General Conditions of Contract Interpretation
Who is referred to as the 'Contractor'?
The person, firm, or company whose Tender has been accepted by the Employer.
p.4
Roles and Responsibilities of the Architect
Can the Surveyor amend the terms of the Contract?
No, the Surveyor shall have no power to amend the terms and conditions of the Contract.
p.6
Handling of Drawings and Specifications
How should the Contractor submit Drawings or documents related to the Works?
In duplicate to the Architect at a reasonable time before the work is to be carried out.
p.5
Sub-contracting Regulations
What must the Contractor provide to the Architect regarding sub-contractors?
Full particulars of any sub-contractor employed or to be employed on the Works.
p.7
Contractor's Obligations and Duties
What is required of the Contractor in terms of compliance with the Architect's instructions?
The Contractor must execute the Works in strict accordance with the Contract and comply with the Architect's instructions.
p.6
Insurance Requirements and Responsibilities
What must the Contractor do if required by the Contract regarding guarantees?
Obtain a guarantee from an approved insurance company or bank, or deposit a specified sum as security.
p.3
General Conditions of Contract Interpretation
What is meant by 'Section' in the context of a contract?
A part of the Works for which a separate time for completion is identified in the Contract.
p.8
Site Safety and Security Measures
What must the Contractor submit to the Architect regarding road openings or traffic diversions?
Proposals showing the layout of pedestrian routes, lighting, signing, and guarding, which must be approved before implementation.
p.2
General Conditions of Contract Interpretation
What does 'Contract Sum' mean?
The sum offered by the Contractor and accepted by the Employer for executing the Works.
p.4
Roles and Responsibilities of the Architect
What must happen for the Surveyor’s delegation to be effective?
A copy of the delegation must be delivered to the Contractor.
p.4
Roles and Responsibilities of the Architect
What is the effect of the Surveyor's or Surveyor’s Representative's actions on the Contractor's obligations?
No act or omission shall relieve the Contractor of any duties, responsibilities, or obligations under the Contract.
p.2
General Conditions of Contract Interpretation
Who is a 'Nominated Sub-contractor'?
Specialists or tradesmen nominated by the Employer and employed by the Contractor for part of the Works.
p.6
Indemnity and Liability Clauses
What must the Contractor not do with information provided by the Employer or Architect?
Use or divulge it except for the purpose of the Contract.
p.8
Contractor's Obligations and Duties
What authority does the Architect have regarding personnel employed by the Contractor?
The Architect can object to and require the removal of any person deemed incompetent, negligent, or undesirable.
p.1
Contractor's Obligations and Duties
What does clause 61(2) pertain to?
Powers of the Surveyor to fix rates.
p.2
General Conditions of Contract Interpretation
What is included in 'Constructional Plant'?
All appliances or things required for the execution of the Works, excluding materials for permanent work or vehicles for transportation.
p.4
Roles and Responsibilities of the Architect
How must the Architect delegate duties to the Architect’s Representative?
In writing, signed by the Architect, specifying the duties and powers delegated.
p.3
General Conditions of Contract Interpretation
What governs the contract?
The contract shall be governed by and construed according to the laws in force in Hong Kong.
p.10
Indemnity and Liability Clauses
Who is liable for accidents or injuries to workers employed by the Contractor?
The Employer is not liable unless the accident results from their act or default; the Contractor must indemnify the Employer.
p.1
Conditions for Payment and Retention Money
What is the clause number for interim payments?
Payments, interim is on page 79.
p.8
Contractor's Obligations and Duties
What type of personnel must the Contractor employ for the execution of the Works?
Skilled and experienced technical personnel, competent sub-agents, foremen, and necessary skilled, semi-skilled, and unskilled labor.
p.9
Indemnity and Liability Clauses
What are the 'excepted risks' that relieve the Contractor from liability?
They include war, invasion, acts of terrorism, civil unrest, and certain actions by the Employer or Architect.
p.7
Contractor's Obligations and Duties
What happens if the Architect withdraws approval of the Contractor's agent?
The Contractor must remove the agent from the Site and replace him with another approved agent.
p.8
Contractor's Obligations and Duties
When does the Contractor's responsibility for the care of the Works begin and end?
From the commencement date until 28 days after the completion date certified by the Architect or until the Employer takes over the Works.
p.2
General Conditions of Contract Interpretation
What is meant by 'Cost' in the contract?
Expenditure reasonably incurred, including overheads and depreciation, but excluding profit.
p.10
Insurance Requirements and Responsibilities
What happens if the Contractor fails to maintain required insurance?
The Employer may effect the insurance and recover the premiums from the Contractor.
p.8
Contractor's Obligations and Duties
What must the Contractor do if an error arises in the position or alignment of the Works?
Rectify the error at his own expense unless it is based on incorrect data from the Architect.
p.2
General Conditions of Contract Interpretation
What is a 'Contingency Sum'?
A sum provided for unforeseen work or expenditure at the time the tender documents are issued.
p.4
Roles and Responsibilities of the Architect
What happens if the Architect’s Representative fails to disapprove work or material?
It does not prejudice the Architect's power to disapprove such work or material later.
p.3
Roles and Responsibilities of the Architect
What duties does the Architect have?
The Architect shall carry out the duties and may exercise the powers specified in or implied from the Contract.
p.5
General Conditions of Contract Interpretation
What happens if compliance with the Architect's instructions involves unexpected expenses?
The Surveyor will value such expenses and certify them accordingly.
p.9
Indemnity and Liability Clauses
How is the Contractor's liability affected by the actions of the Architect or Employer?
The Contractor's liability is reduced proportionately to the extent that the act or neglect of the Architect or Employer contributed to the damage.
p.3
Sub-contracting Regulations
What are 'Specialist Works'?
Any work separately identified in the Contract and connected with or ancillary to the Works carried out on the Site by a Specialist Contractor.
p.4
Roles and Responsibilities of the Architect
What is required before the Surveyor can carry out duties?
The Surveyor may need to obtain confirmation from the Employer that there are no objections.
p.2
General Conditions of Contract Interpretation
What is the 'Final Contract Sum'?
The sum to be paid for the execution of the Works as per the contract provisions.
p.2
General Conditions of Contract Interpretation
What is a 'Provisional Sum'?
A sum provided for work or expenditure that has not been quantified at the time the tender documents are issued.
p.3
Handling of Drawings and Specifications
What does 'Specification' refer to in a contract?
The specifications referred to in the Contract and any modifications or additions approved by the Architect.
p.2
General Conditions of Contract Interpretation
What are 'Drawings' in the context of the contract?
The drawings referred to in the Specification or Bills of Quantities, including any approved modifications.
p.2
General Conditions of Contract Interpretation
What is the 'Maintenance Period'?
The period named in the Appendix to the Form of Tender, starting the day after completion of the Works.
p.10
Indemnity and Liability Clauses
What does the Contractor not indemnify the Employer against?
The Contractor does not indemnify the Employer for compensation related to the use or occupation of land provided for the Works.
p.10
Site Safety and Security Measures
What must the Contractor ensure during the execution of the Works?
The Contractor must carry out operations without unnecessarily interfering with public convenience or access to properties.
p.2
General Conditions of Contract Interpretation
What does 'General Holiday' refer to?
Every Sunday and other days designated as general holidays by the General Holidays Ordinance.
p.10
Indemnity and Liability Clauses
What is the Contractor's obligation regarding patent rights?
The Contractor must indemnify the Employer against claims for infringement of patent rights related to the Works.
