The Facility Management Contract serves as the primary agreement between property owners/operators and professional facility management service providers in Hong Kong. This document is essential when engaging external expertise for managing and maintaining commercial, residential, or institutional properties. It comprehensively covers service specifications, performance standards, staff requirements, and commercial terms, while ensuring compliance with Hong Kong's regulatory framework, including the Building Management Ordinance, Employment Ordinance, and Occupational Safety and Health regulations. The contract is structured to accommodate various facility types and sizes, incorporating both mandatory services and optional components based on specific property requirements. Typically used by property developers, corporate entities, and institutional property owners, the Facility Management Contract establishes clear accountability, service levels, and operational procedures for effective property management.
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1. Parties: Identification of the facility owner/client and the facility management service provider
2. Background: Context of the agreement, including property details and purpose of engagement
3. Definitions and Interpretation: Definitions of key terms and interpretation clauses
4. Appointment and Term: Formal appointment of facility manager and contract duration
5. Scope of Services: Core services to be provided by the facility manager
6. Service Provider's Obligations: Key responsibilities and duties of the facility manager
7. Client's Obligations: Responsibilities and duties of the property owner/client
8. Performance Standards: Required service levels and KPIs
9. Staff and Subcontractors: Requirements for personnel and subcontractor management
10. Fees and Payment Terms: Commercial terms, payment structure, and invoicing procedures
11. Insurance and Liability: Insurance requirements and liability limitations
12. Health and Safety: Health and safety obligations and procedures
13. Compliance with Laws: Regulatory compliance requirements
14. Termination: Termination rights and procedures
15. Dispute Resolution: Process for handling disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Tenant Management: Required when facility manager handles tenant relationships and issues
2. Specialized Equipment Maintenance: Needed for facilities with specific technical equipment requiring specialized maintenance
3. Security Services: Required when security services are part of the scope
4. Energy Management: Include when energy efficiency and monitoring is a specific requirement
5. Car Park Management: Required for facilities with parking facilities
6. Sustainability Requirements: Include when specific environmental or sustainability standards must be met
7. Crisis Management: Required for high-risk or sensitive facilities
8. Technology and Building Management Systems: Include when sophisticated building management systems are in place
1. Schedule 1 - Property Details: Detailed description of the facility and its components
2. Schedule 2 - Service Specifications: Detailed breakdown of services and performance requirements
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
4. Schedule 4 - Key Performance Indicators: Specific metrics and measurement criteria for performance evaluation
5. Schedule 5 - Staff Requirements: Detailed staffing requirements and qualifications
6. Schedule 6 - Operating Procedures: Standard operating procedures for routine activities
7. Schedule 7 - Emergency Procedures: Procedures for handling emergencies and incidents
8. Schedule 8 - Reporting Requirements: Format and frequency of required reports
9. Schedule 9 - Equipment Inventory: List of equipment and assets under management
10. Appendix A - Forms and Templates: Standard forms for reporting, requests, and approvals
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