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Agreement And Conditions Of Contract For Building Works Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Agreement And Conditions Of Contract For Building Works is a fundamental document used in the Malaysian construction industry to establish legally binding relationships between project owners and contractors. This document is essential for any significant building project in Malaysia, incorporating local legal requirements, industry standards, and best practices. It provides comprehensive coverage of project execution, from initial works to defects liability period, and includes provisions for payment security under CIPAA 2012, dispute resolution mechanisms, and risk allocation. The agreement is structured to comply with Malaysian construction law while offering flexibility to accommodate various project types and scales. It serves as a critical tool for project governance, risk management, and ensuring clear understanding between all parties involved in construction projects.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions











































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Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Public Works

Healthcare Facilities

Educational Facilities

Hospitality

Retail Development

Relevant Teams

Legal

Construction

Commercial

Operations

Project Management

Procurement

Risk and Compliance

Technical Services

Business Development

Contract Administration

Relevant Roles

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

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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