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Contractor Architect Agreement Template for Malaysia

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Key Requirements PROMPT example:

Contractor Architect Agreement

"I need a Contractor Architect Agreement for a high-rise residential development project in Kuala Lumpur, with specific focus on green building certification requirements and BIM implementation, starting March 2025."

Document background
The Contractor Architect Agreement is essential for projects in Malaysia where architectural services are required on a contractor basis rather than through direct employment. This document is particularly relevant when engaging registered architects under the Malaysian Architects Act 1967 for specific projects or time-limited engagements. The agreement comprehensively addresses key aspects such as service scope, professional obligations, fees, and compliance with local regulations while protecting both parties' interests. It's structured to align with Malaysian construction industry practices and regulatory requirements, including Board of Architects Malaysia guidelines. The document is crucial for establishing clear professional boundaries, deliverables, and commercial terms while ensuring compliance with Malaysian architectural practice standards.
Suggested Sections

1. Parties: Identification of the client and the architect contractor, including their full legal names, registration details, and addresses

2. Background: Context of the agreement, including brief project overview and the basis for engaging the architect as a contractor

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the agreement

4. Scope of Services: Detailed description of architectural services to be provided, including design phases, deliverables, and expected outcomes

5. Architect's Obligations: Key responsibilities and duties of the architect, including professional standards, compliance requirements, and reporting obligations

6. Client's Obligations: Client's responsibilities, including provision of information, access, and timely decisions

7. Fees and Payment: Fee structure, payment terms, payment schedule, and invoicing requirements

8. Project Timeline: Project phases, milestones, and completion dates

9. Intellectual Property Rights: Ownership and usage rights of architectural drawings, designs, and other deliverables

10. Professional Indemnity Insurance: Insurance requirements and coverage details

11. Confidentiality: Obligations regarding confidential information and trade secrets

12. Termination: Circumstances and procedures for terminating the agreement

13. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration provisions

14. General Provisions: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Sub-Contractors: Terms governing the appointment and management of sub-contractors, used when the architect may need to engage other professionals

2. Site Supervision: Specific provisions for site supervision services, included when the architect's scope includes construction supervision

3. Green Building Requirements: Special provisions for green building certification and sustainable design requirements, used for projects with sustainability goals

4. Building Information Modeling (BIM): Specific provisions regarding BIM implementation and protocols, included for projects using BIM

5. Value Engineering: Provisions for cost optimization and alternative design solutions, included when value engineering is part of the scope

6. International Services: Additional provisions for cross-border services, used when the architect provides services in multiple jurisdictions

7. Force Majeure: Provisions for handling unforeseen circumstances and events beyond parties' control

Suggested Schedules

1. Schedule 1: Detailed Scope of Services: Comprehensive breakdown of architectural services, deliverables, and exclusions

2. Schedule 2: Fee Schedule: Detailed breakdown of fees, payment milestones, and reimbursable expenses

3. Schedule 3: Project Timeline: Detailed project program including key dates, milestones, and delivery schedules

4. Schedule 4: Key Personnel: List of key team members, their roles, and responsibilities

5. Schedule 5: Client's Requirements: Detailed brief and specific requirements provided by the client

6. Schedule 6: Drawing List: List of drawings and documents to be produced at each project stage

7. Appendix A: Professional Indemnity Insurance Certificate: Copy of the architect's professional indemnity insurance certificate

8. Appendix B: Architect's Registration Certificate: Copy of registration with Board of Architects Malaysia

9. Appendix C: Quality Assurance Procedures: Documentation of the architect's quality assurance processes and procedures

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




























Clauses






























Relevant Industries

Real Estate Development

Construction

Architecture

Commercial Property

Residential Property

Industrial Development

Hospitality

Retail

Healthcare

Education

Public Infrastructure

Relevant Teams

Legal

Operations

Project Management

Construction

Development

Procurement

Finance

Design

Technical Services

Risk Management

Compliance

Relevant Roles

Project Director

Development Manager

Construction Manager

Architect

Senior Architect

Project Architect

Design Manager

Technical Director

Contracts Manager

Legal Counsel

Procurement Manager

Project Manager

Chief Executive Officer

Operations Director

Finance Director

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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