Agreement Between Developer And Contractor

Agreement Between Developer And Contractor Template for Malaysia

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Key Requirements PROMPT example:

"I need an Agreement Between Developer And Contractor for a green residential development project in Penang, Malaysia, incorporating specific provisions for LEED certification requirements and local sustainable building standards, with construction scheduled to commence in March 2025."

Document background

The Agreement Between Developer And Contractor is a fundamental document in Malaysian construction projects, essential for establishing the legal and operational framework between property developers and construction contractors. This agreement is particularly crucial in Malaysia's rapidly developing construction sector, where it must comply with specific local regulations including the Construction Industry Development Board Act 1994 and CIPAA 2012. The document is typically used when a developer engages a contractor to undertake construction works, whether for commercial, residential, or infrastructure projects. It includes comprehensive provisions for project execution, payment mechanisms, quality standards, dispute resolution, and risk allocation, while addressing specific Malaysian regulatory requirements and industry practices. The agreement serves as the primary reference point for project management and dispute resolution throughout the construction period.

Suggested Sections

1. Parties: Identification of the Developer and Contractor, including registration details and addresses

2. Background: Context of the agreement, brief project description, and Developer's authority to undertake the project

3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules of interpretation

4. Scope of Works: Detailed description of construction works to be performed by the Contractor

5. Contract Sum and Payment Terms: Agreed contract price, payment schedule, and payment procedures compliant with CIPAA 2012

6. Project Timeline: Commencement date, completion date, project milestones, and provisions for extensions of time

7. Contractor's Obligations: Detailed responsibilities including workmanship, materials, compliance with laws and standards

8. Developer's Obligations: Developer's responsibilities including site access, approvals, and information provision

9. Quality and Standards: Required quality standards, inspection procedures, and acceptance criteria

10. Variations: Procedures for handling changes to scope, pricing of variations, and approval process

11. Insurance and Indemnity: Required insurance coverage and indemnification obligations

12. Defects Liability: Defects liability period, rectification procedures, and warranties

13. Termination: Grounds for termination, termination procedures, and consequences

14. Dispute Resolution: Procedures for dispute resolution including mediation, arbitration, and governing law

15. General Provisions: Standard clauses including notices, assignment, entire agreement, and severability

Optional Sections

1. Performance Bond: Requirements for performance security, applicable when required by the Developer

2. Environmental Requirements: Specific environmental protection measures, used for projects with significant environmental impact

3. Green Building Requirements: Special requirements for green building certification, if pursuing specific certifications

4. Heritage Conservation: Special provisions for projects involving heritage buildings or sites

5. Advance Payment: Terms for advance payment and recovery, if advance payment is provided

6. Nominated Sub-Contractors: Provisions for handling nominated sub-contractors, if any

7. Technology and BIM Requirements: Specific requirements for Building Information Modeling and other technology use

8. Value Engineering: Provisions for value engineering proposals and sharing of cost savings

9. Intellectual Property Rights: Provisions regarding design rights and other IP, relevant for design-build contracts

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of contract sum including bill of quantities

3. Schedule 3 - Project Timeline: Detailed construction schedule with milestones

4. Schedule 4 - Payment Schedule: Detailed payment terms, milestones, and procedures

5. Schedule 5 - Site Details: Site plan, access points, and site conditions

6. Schedule 6 - Quality Assurance Plan: Detailed quality standards and testing requirements

7. Schedule 7 - List of Approved Materials: Specifications and brands of approved construction materials

8. Schedule 8 - Forms and Certificates: Standard forms for variations, completion certificates, etc.

9. Schedule 9 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

10. Schedule 10 - Key Personnel: List of key personnel from both parties with roles and contact details

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate Development

Construction

Infrastructure

Commercial Property

Residential Property

Industrial Development

Retail Development

Hospitality

Healthcare Facilities

Educational Facilities

Relevant Teams

Legal

Construction

Development

Project Management

Commercial

Finance

Operations

Procurement

Compliance

Risk Management

Technical Services

Relevant Roles

Development Director

Construction Manager

Project Manager

Contract Manager

Legal Counsel

Quantity Surveyor

Site Supervisor

Chief Executive Officer

Technical Director

Commercial Director

Risk Manager

Compliance Officer

Finance Director

Operations Manager

Procurement Manager

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