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Construction Settlement Agreement for Malaysia

Construction Settlement Agreement Template for Malaysia

A Construction Settlement Agreement under Malaysian law is a legally binding document that resolves disputes arising from construction projects. It operates within the framework of Malaysian construction law, particularly the Construction Industry Payment and Adjudication Act 2012 (CIPAA) and the Contracts Act 1950. This agreement documents the terms and conditions of settlement between parties involved in construction-related disputes, including payment terms, release of claims, and ongoing obligations. It incorporates specific requirements of Malaysian construction regulations while providing a comprehensive resolution framework for construction-related conflicts.

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What is a Construction Settlement Agreement?

A Construction Settlement Agreement is utilized when parties involved in a construction project in Malaysia seek to resolve disputes without proceeding to litigation or arbitration. This document type is particularly relevant when there are disagreements over payment, work quality, delays, or other construction-related issues. The agreement must comply with Malaysian legislation, including the Construction Industry Payment and Adjudication Act 2012 (CIPAA), Contracts Act 1950, and relevant construction industry regulations. It typically includes detailed settlement terms, payment schedules, mutual releases, and any continuing obligations. The document serves as a final resolution of specified disputes while potentially preserving certain ongoing contractual relationships. It's especially important in the Malaysian construction sector where formal dispute resolution can be time-consuming and costly, making settlement agreements an efficient alternative for dispute resolution.

What sections should be included in a Construction Settlement Agreement?

1. Parties: Identification of all parties to the settlement agreement, including full legal names, registration numbers, and registered addresses

2. Background: Recitals detailing the original contract, nature of disputes, and events leading to settlement

3. Definitions: Definitions of key terms used throughout the agreement

4. Settlement Sum: Clear statement of the agreed settlement amount and payment terms

5. Payment Terms: Detailed payment schedule, method of payment, and consequences of default

6. Release and Discharge: Mutual release of claims and discharge of liabilities related to the settled dispute

7. Confidentiality: Obligations regarding confidentiality of the settlement terms and dispute details

8. Representations and Warranties: Statements affirming parties' authority to enter agreement and validity of settlement

9. General Provisions: Standard clauses including governing law, notices, entire agreement, and severability

What sections are optional to include in a Construction Settlement Agreement?

1. Tax Provisions: Include when settlement payment has tax implications requiring specific treatment or allocation

2. Continuing Obligations: Required when certain obligations from original contract survive the settlement

3. Third Party Rights: Include when settlement affects rights of third parties or related contractors

4. Insurance and Indemnity: Needed when ongoing insurance or indemnification obligations exist

5. Dispute Resolution: Include specific dispute resolution mechanisms for disputes arising from the settlement agreement

6. Performance Guarantees: Required when settlement includes ongoing work or warranty obligations

7. Intellectual Property Rights: Include when settlement involves IP rights or licensing issues

What schedules should be included in a Construction Settlement Agreement?

1. Schedule 1 - Original Contract: Copy or details of the original construction contract

2. Schedule 2 - Payment Schedule: Detailed breakdown of settlement payments and timeline

3. Schedule 3 - Outstanding Works: List of any remaining works to be completed (if applicable)

4. Schedule 4 - Released Claims: Detailed list of claims being settled and released

5. Schedule 5 - Form of Release: Template of final release document to be signed upon completion

6. Schedule 6 - Supporting Documents: Key documents referenced in settlement (claims, correspondence, etc.)

7. Schedule 7 - Completion Certificates: Relevant completion or handover certificates

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

Jurisdiction

Malaysia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






















Clauses

























Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Government Infrastructure

Energy & Utilities

Transportation

Healthcare Facilities

Education Facilities

Retail Development

Hospitality

Relevant Teams

Legal

Construction

Project Management

Commercial

Finance

Operations

Risk & Compliance

Contract Administration

Claims & Disputes

Executive Leadership

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Chief Executive Officer

Project Manager

Quantity Surveyor

Construction Director

Claims Manager

Risk Manager

Commercial Director

Finance Director

Site Manager

Operations Manager

Compliance Officer

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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