香 港 特 別 行 政 區 政 府

The Government of the Hong Kong Special Administrative Region

政府總部 Environment, Transport

環境運輸及工務局 and Works Bureau
香港花園道美利大廈 Government Secretariat
Murray Building, Garden Road,
Hong Kong

Ref. : ETWB(W) 511/83/01

Group : 5

24 March 2004

Environment, Transport and Works Bureau

Technical Circular (Works) No. 6/2004

General Conditions of Contract for Term Contracts

for Building Works, 2004 Edition

Background

This circular promulgates the Government of the Hong Kong Special

Administrative Region General Conditions of Contract for Term Contracts for Building
Works, 2004 Edition, including the new Articles of Agreement annexed thereto.

Effective Date

2. This circular takes immediate effect.

Effect on Existing Circular

3. This circular qualifies L&WBTC No. 20/88 as provided in the following

paragraph.

Policy

4. The 2004 Edition of the General Conditions of Contract for Term Contracts
for Building Works as well as the new Articles of Agreement annexed thereto are now
put into use. They are now available for download in ETWB’s website under the
Publications page. Hard copies are being printed and will be available for sale in the
Government Publications Centre shortly. Works departments may continue with the

ETWB TCW No.6/2004 Page 1 of 2

use of the 1988 Edition for contracts which are almost ready to go out for tenders but in
no case continue with the use of the 1988 Edition for contracts where tenders are to be
invited on or after 1.5.2004. The use of the 2004 edition is optional before this date.

Role of the Maintenance Surveyor

5. Clause 2 of the 2004 Edition provides that the Employer may impose
constraints on the powers of the Maintenance Surveyor. According to existing policy,
the Maintenance Surveyor shall obtain the agreement of the Employer before ordering
variation or otherwise committing the Government to additional expenditure under the
Contract, other than in respect of claims, in excess of $300,000. The Maintenance
Surveyor may subject to any prior contrary instructions given by the Employer to the
Maintenance Surveyor, order variation in accordance with the provisions of the Contract
or otherwise commit the Employer to additional expenditure under the Contract other
than in respect of claims if the value of such order or commitment is estimated not to
exceed $300,000. The works departments shall set out the foregoing in the Appendix
to the Form of Tender. A sample is given at Appendix A.

6. In addition to the above constraints, the Maintenance Surveyor is also

required to report all claims and variations to the Employer and to refer to the Employer
the principles underlying his assessment of each claim for the Employer to provide his
view of the matter before the Maintenance Surveyor reaches a decision. All tenderers
shall be advised of such further constraints. A sample is provided in Appendix B.

7. The heads of departments may delegate their authority to other officers who
may perform the functions of the Employer in each situation provided that the levels of
delegation are not inconsistent with the prevailing regulations. The above constraints
on the power of the Maintenance Surveyor also apply to in-house Maintenance
Surveyor.

8. No additional constraints shall be placed on the duties and powers of the

Maintenance Surveyor without the prior approval of the Secretary for the Environment,
Transport and Works.

( C S Wai )
Deputy Secretary for the Environment,
Transport and Works (Works) 2

ETWB TCW No.6/2004 Page 2 of 2

 Appendix A

General Conditions of Contract for Term Contracts

for Building Works, 2004 Edition
Standard constraints on the Maintenance Surveyor’s Power

FORM OF TENDER - APPENDIX

1. Actions of the Maintenance Surveyor subject to the Employer’s right of

objection and direction (General Conditions of Contract Clause 2(1)(b))

The Maintenance Surveyor is required under the terms of his appointment

by the Employer to obtain confirmation of no objection from the
Employer and, in the event of an objection, to act in accordance with the
Employer’s direction before ordering any variation to the Works or taking
any other action (including without limitation making an order under
General Conditions of Contract Clause 57) which may commit the
Employer to additional expenditure under the Contract, other than in
respect of claims, of a value estimated to exceed HK$300,000. This
requirement shall not be applicable where the variation order or other
action is considered by the Maintenance Surveyor to be essential on
grounds of safety or other emergency in circumstances when it is
impracticable to refer the matter to the Employer beforehand.

The Maintenance Surveyor may, subject to any prior contrary instructions

given by the Employer to the Maintenance Surveyor, order variation to
the Works in accordance with the provisions of the Contract or take any
other action (including without limitation making an order under General
Conditions of Contract Clause 57) which may commit the Employer to
additional expenditure under the Contract, other than in respect of claims,
without the need to obtain confirmation of no objection from the
Employer if the value of such order or commitment is estimated not to
exceed HK$300,000.

ETWB TCW No. 6/2004 Appendix A Page A1 of 1

 Appendix B

General Conditions of Contract for Term Contracts

for Building Works, 2004 Edition
Standard constraints on the Maintenance Surveyor’s Power

NOTES TO TENDERERS

(i) The tenderer’s attention is drawn to the constraints on the Maintenance

Surveyor’s powers set out in the Appendix to the Form of Tender.

(ii) In addition to the above constraints, the Maintenance Surveyor is also

required under the terms of his appointment by the Employer to :

(a) refer the details of every variation to the Works, including the
reasons for the variation and its estimated value, to the Employer
for information as soon as the variation is ordered;

(b) refer the details of the evaluation to the Employer for information
as soon as the value of a variation to the Works has been
determined;

(c) report to the Employer all claims for additional payment made by
the Contractor and, except for those solely in respect of agreement
of rates, refer the principles underlying his assessment of each
claim, to enable the Employer to provide his view of the matter
before the Maintenance Surveyor reaches a decision; and

(d) report to the Employer all delays to the progress of any Works and,
except for those delays solely in respect of inclement weather
conditions or the hoisting of storm signals, refer his assessment of
grant of extension of time for completion, if any, to enable the
Employer to provide his view of the matter before the
Maintenance Surveyor reaches a decision.

ETWB TCW No. 6/2004 Appendix B Page B1 of 1