Building Contract 2005 Edition Roadmap Seminar Professional Liabilities HKIAHKISHKICM

1
Building Contract 2005 EditionRoadmap Seminar
Professional Liabilities HKIA/HKIS/HKICM

• Thomas Ho
• LL.B, B. Juris
• Consultant, Li Partners
• Construction Group
• 23 February 2006

2
Contractor being a Joint Venture

• Review Joint Venture Contract
• Company search on each party
• Appointment of authorised signatory
• Rights and responsibilities
• Liability
• Dispute Resolution
• Receipt and distribution of payment
• Termination of the Joint Venture
• Contractor should be requested to amend JV
  Contract if necessary
• JV Contract should not be amended without the
  Employers prior approval

3
Standard Form of Building Contract

• Articles of Agreement
• Individually identify all members to the JV
• Authorised Signatory(ies) to bind all parties to
  the JV
• Article 2 add into the Contractors account
  held at XXX Bank and all parties to the JV
  forming the Contractor agree that payment into
  such account represents full and final settlement
  of all of the liabilities of the Employer owed to
  the Contractor pursuant to the terms of this
  Contract.
• Attestation
• Each JV member to sign in capacity of member to
  the partnership

4
Standard Form of Building Contract

• 1. Interpretation and definitions
• Identify members to the JV
• person for whom the Contractor is responsible
• sub-contractor each party to the JV??
• 2. Contractors obligations
• Joint and several liability

5
Standard Form of Building Contract

• 3. Master programme
• 3.1(1)(c) names and details of personnel
• 5. Documents forming the Contract and other
  documents
• Joint venture contract to be included??

6
Standard Form of Building Contract

• 19. Assignment and sub-letting
• Roles played by parties to the JV
• 35. Determination by Employer
• Insolvency 35.2(1) add or any person being a
  party to the JV forming the Contractor
• Consider provisions providing for the
  determination of the Contractor, remaining party
  to take up Contract??