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Agreement And Conditions Of Contract For Building Works
"I need an Agreement and Conditions of Contract for Building Works for a 20-story commercial office building project in Kuala Lumpur, with a contract value of RM 150 million and construction period from March 2025 to December 2025, including specific provisions for green building certification."
1. Parties: Identification and details of the contracting parties (Employer and Contractor)
2. Background: Context of the agreement and brief project overview
3. Definitions and Interpretation: Definitions of terms used in the contract and rules of interpretation
4. Scope of Works: Detailed description of the works to be performed by the Contractor
5. Contract Price and Payment Terms: Contract sum, payment schedule, and payment procedures including compliance with CIPAA 2012
6. Time for Completion: Project duration, completion date, and provisions for extensions of time
7. Contractor's Obligations: General and specific obligations of the Contractor including workmanship standards
8. Employer's Obligations: General and specific obligations of the Employer including site access and permits
9. Quality and Standards: Required quality standards, inspections, and testing procedures
10. Variations: Procedures for handling changes to the scope of works
11. Defects Liability: Defects liability period and remediation procedures
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Termination: Grounds and procedures for contract termination
14. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration
15. General Provisions: Miscellaneous legal provisions including notices, governing law, and assignment
1. Performance Bond: Requirements for performance security, used when project value exceeds certain threshold
2. Advance Payment: Terms for advance payment and recovery, included when advance payment is required
3. Nominated Subcontractors: Provisions relating to nominated subcontractors, included when employer nominates specific subcontractors
4. Price Fluctuation: Provisions for adjusting prices due to material cost changes, used in long-term projects
5. Environmental Requirements: Specific environmental protection measures, included for environmentally sensitive projects
6. Site Safety Requirements: Additional safety requirements beyond standard provisions, used for high-risk projects
7. Liquidated Damages: Specific provisions for damages due to delay, included when precise damage calculation is possible
8. Intellectual Property Rights: Provisions regarding design rights and patents, included for projects involving significant design elements
1. Schedule 1 - Contract Documents: List of all documents forming part of the contract
2. Schedule 2 - Technical Specifications: Detailed technical requirements and specifications for the works
3. Schedule 3 - Drawings: List and details of all contract drawings
4. Schedule 4 - Bills of Quantities: Detailed breakdown of quantities and rates
5. Schedule 5 - Project Timeline: Detailed project schedule including milestones
6. Schedule 6 - Payment Schedule: Detailed payment terms and milestone payments
7. Schedule 7 - Site Information: Details about the construction site and existing conditions
8. Schedule 8 - Form of Bonds and Guarantees: Templates for required bonds and guarantees
9. Appendix A - Special Conditions: Project-specific conditions and requirements
10. Appendix B - Insurance Requirements: Detailed insurance coverage requirements
11. Appendix C - Health and Safety Requirements: Specific health and safety requirements for the project
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Public Works
Healthcare Facilities
Educational Facilities
Hospitality
Retail Development
Legal
Construction
Commercial
Operations
Project Management
Procurement
Risk and Compliance
Technical Services
Business Development
Contract Administration
Project Director
Construction Manager
Contract Manager
Legal Counsel
Project Manager
Quantity Surveyor
Site Engineer
Commercial Manager
Risk Manager
Procurement Manager
Chief Executive Officer
Operations Director
Technical Director
Development Manager
Construction Lawyer
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