Design And Build Agreement

Design And Build Agreement Template for Malaysia

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Key Requirements PROMPT example:

"I need a Design and Build Agreement under Malaysian law for a large-scale commercial office development in Kuala Lumpur, with specific provisions for green building certification and phased completion by March 2025."

Document background

The Design And Build Agreement is utilized in construction projects where a single contractor is responsible for both design and construction phases, offering a streamlined approach to project delivery. This document is particularly relevant in the Malaysian construction industry, where it must comply with local regulations including the Construction Industry Development Board Act and related legislation. The agreement covers all aspects of project delivery including scope definition, payment mechanisms, design obligations, construction requirements, quality standards, and risk allocation. It is commonly used for complex projects where having a single point of responsibility for both design and construction can provide efficiency benefits and clearer accountability. The document incorporates Malaysian legal requirements while providing flexibility to accommodate various project types and sizes.

Suggested Sections

1. Parties: Identification of the employer and the design-build contractor

2. Background: Context of the project and purpose of the agreement

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

4. Scope of Works: Detailed description of design and construction services to be provided

5. Contract Price and Payment: Payment terms, schedule, and mechanisms

6. Time for Completion: Project timeline, completion dates, and extension provisions

7. Design Obligations: Contractor's design responsibilities and standard of care

8. Construction Obligations: Contractor's construction responsibilities and quality standards

9. Employer's Obligations: Responsibilities of the employer including site access and approvals

10. Variations: Procedures for changes to design or construction scope

11. Testing and Completion: Requirements for testing, commissioning, and completion

12. Defects Liability: Defects notification period and remediation obligations

13. Insurance and Indemnity: Required insurance coverage and indemnification provisions

14. Force Majeure: Events beyond parties' control and their consequences

15. Termination: Grounds and procedures for contract termination

16. Dispute Resolution: Procedures for resolving disputes including arbitration

17. Governing Law: Application of Malaysian law and jurisdiction

Optional Sections

1. Performance Security: Required when employer wants performance bond or other security

2. Intellectual Property: Needed when design involves significant IP rights

3. Environmental Compliance: Required for projects with significant environmental impact

4. Local Content Requirements: Needed when project must meet local content quotas

5. Independent Certifier: Used when parties agree to appoint independent certifier

6. Step-in Rights: Required for complex projects where employer may need to take over

7. Advance Payment: Used when contractor requires advance payment

8. Liquidated Damages: Specific compensation for delay or performance failure

Suggested Schedules

1. Schedule 1 - Employer's Requirements: Detailed technical and performance specifications

2. Schedule 2 - Site Details: Site information, surveys, and existing conditions

3. Schedule 3 - Contract Price Breakdown: Detailed breakdown of contract price and payment schedule

4. Schedule 4 - Programme: Detailed project timeline and milestones

5. Schedule 5 - Design Documents: Initial design documents and requirements

6. Schedule 6 - Forms of Certificates: Templates for various certificates required under the contract

7. Schedule 7 - Forms of Bonds/Securities: Templates for performance security and other bonds

8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage limits

9. Schedule 9 - Key Personnel: List of key personnel from both parties

10. Appendix A - Special Conditions: Any special terms specific to the project

11. Appendix B - Technical Specifications: Detailed technical specifications and standards

12. Appendix C - Drawings: Initial concept drawings and design requirements

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

Construction

Real Estate Development

Infrastructure

Industrial Development

Commercial Property

Residential Development

Healthcare Facilities

Educational Facilities

Hospitality

Manufacturing

Relevant Teams

Legal

Construction

Design

Commercial

Procurement

Finance

Operations

Project Management

Risk Management

Technical Services

Relevant Roles

Project Director

Construction Manager

Design Manager

Contract Manager

Legal Counsel

Commercial Director

Chief Executive Officer

Project Engineer

Quantity Surveyor

Risk Manager

Procurement Manager

Technical Director

Finance Director

Operations Director

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A Malaysian law-governed construction contract establishing terms and conditions between developer and contractor for building works in Malaysia.

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Authors

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