Ƶ

Design And Construct Contract for Malaysia

Design And Construct Contract Template for Malaysia

A comprehensive contract template governed by Malaysian law that combines design and construction responsibilities into a single agreement. The document integrates requirements from key Malaysian legislation including the Construction Industry Development Board Act 1994, Architects Act 1967, and Construction Industry Payment and Adjudication Act 2012. It establishes the framework for design development, construction execution, quality standards, payment mechanisms, and dispute resolution procedures, while ensuring compliance with local regulatory requirements and industry standards.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Design And Construct Contract

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Design And Construct Contract?

This Design And Construct Contract is specifically tailored for use in Malaysia, where it serves as a comprehensive agreement between project owners and contractors who take on both design and construction responsibilities. It is particularly suitable for complex projects where single-point responsibility is desired, such as infrastructure developments, commercial buildings, or industrial facilities. The document incorporates requirements from Malaysian construction law, including CIDB regulations, architectural and engineering professional requirements, and payment security provisions. It addresses key aspects such as design development, construction methodology, quality standards, testing and commissioning, while providing mechanisms for variations, dispute resolution, and risk allocation in accordance with Malaysian legal framework and industry practice.

What sections should be included in a Design And Construct Contract?

1. Parties: Identifies the contracting parties - typically the Employer and the Design-Build Contractor

2. Background: Sets out the context of the agreement and key assumptions

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Contractor's Obligations: Details the core design and construction obligations of the contractor

5. Employer's Obligations: Specifies the employer's duties including site access and payment

6. Contract Price and Payment: Details the contract sum, payment terms, and mechanisms

7. Time for Completion: Establishes project timeline, milestones, and completion requirements

8. Design Responsibilities: Specifies design obligations, standards, and approval processes

9. Quality and Workmanship: Sets standards for materials and workmanship

10. Variations: Procedures for changes to scope, price, or timeline

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

12. Defects Liability: Obligations during defects liability period

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

14. Force Majeure: Handling of unforeseen events and their consequences

15. Suspension and Termination: Rights and procedures for suspension and termination

16. Dispute Resolution: Procedures for resolving disputes including arbitration

17. General Provisions: Standard contractual provisions including notices, governing law

What sections are optional to include in a Design And Construct Contract?

1. Performance Security: Required when performance bonds or guarantees are needed

2. Intellectual Property Rights: Important when design involves significant IP considerations

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

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

5. Interface Management: Required when multiple contractors are involved

6. Value Engineering: Optional provision for cost optimization proposals

7. Advance Payment: When advance payments are part of the payment structure

8. Nominated Subcontractors: Required when employer nominates specific subcontractors

9. Archaeological Findings: For sites with potential archaeological significance

10. Building Information Modeling: When BIM is required for the project

What schedules should be included in a Design And Construct Contract?

1. Schedule 1 - Employer's Requirements: Detailed technical and functional requirements

2. Schedule 2 - Site Information: Site details, surveys, and existing conditions

3. Schedule 3 - Time Schedule: Detailed program, milestones, and completion dates

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

5. Schedule 5 - Design Deliverables: Required design submissions and approval process

6. Schedule 6 - Testing and Commissioning: Testing requirements and acceptance criteria

7. Schedule 7 - Forms of Bonds and Guarantees: Templates for required security documents

8. Schedule 8 - Insurance Requirements: Details of required insurance coverage

9. Schedule 9 - Key Personnel: List of key personnel and their responsibilities

10. Schedule 10 - Forms of Certificates: Templates for various project certificates

11. Appendix A - Contract Price Breakdown: Detailed breakdown of contract price

12. Appendix B - Technical Specifications: Detailed technical specifications

13. Appendix C - Drawings: List of contract drawings and 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

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions



















































Clauses



































Relevant Industries

Construction

Infrastructure

Real Estate Development

Industrial Development

Commercial Property

Healthcare Facilities

Educational Institutions

Transportation

Energy and Utilities

Manufacturing

Hospitality

Technology Parks

Retail Development

Mixed-use Development

Relevant Teams

Legal

Commercial

Project Management

Design

Construction

Procurement

Finance

Risk Management

Quality Assurance

Technical Services

Contract Administration

Relevant Roles

Project Director

Construction Manager

Design Manager

Contract Administrator

Commercial Manager

Project Manager

Legal Counsel

Risk Manager

Chief Executive Officer

Technical Director

Procurement Manager

Cost Controller

Quality Assurance Manager

Design Coordinator

Site Manager

Financial Controller

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

Find the exact document you need

Supply Agreement Draft

A Malaysian law-governed agreement establishing terms and conditions for supply of goods between parties, incorporating local commercial law requirements.

Download

Website Design Agreement

A Malaysian law-governed agreement between a website designer and client establishing terms for website development services and deliverables.

Download

Service Level Guarantee

A Malaysian law-governed agreement that establishes guaranteed service performance levels and remedies for non-compliance.

Download

Notarial Contract

A Malaysian notarial contract authenticated by a licensed notary public, providing official verification of documents or statements under Malaysian law.

Download

Distance Contract

A Malaysian law-governed agreement for remote transactions, establishing terms for goods/services sold without physical presence of parties.

Download

Client Confidentiality Policy

A Malaysian law-compliant internal policy document establishing standards and procedures for protecting client confidential information.

Download

Labor Agreement

A Malaysian law-compliant employment agreement establishing terms and conditions between employer and employee.

Download

Virtual Contract

Malaysian-law compliant Virtual Contract template for electronic agreements and digital transactions.

Download

House Share Agreement

A Malaysian law-governed agreement establishing terms and conditions for shared residential property arrangements between multiple occupants.

Download

Training Agreement Between Company And Trainer

A Malaysian law-governed agreement between a company and trainer establishing terms for professional training services delivery.

Download

Service Bond Agreement

A Malaysian law-governed agreement binding an employee to serve an organization for a specified period in return for training or educational investment.

Download

Reservation Contract

A Malaysian law-governed agreement establishing terms for property reservation, including reservation fee and period details.

Download

Public Service Agreement

A Malaysian law-governed agreement establishing terms and conditions for public service employment within the Malaysian government framework.

Download

Operation And Maintenance Contract

Malaysian-law governed agreement for operation and maintenance services, defining service provider and facility owner obligations, performance standards, and compliance requirements.

Download

Framework Contract In Procurement

A Malaysian law-governed framework agreement establishing terms and procedures for ongoing procurement of goods, services, or works between procuring authorities and suppliers.

Download

Facility Letter

A Malaysian banking document that outlines the terms and conditions of a credit facility or loan, serving as a legally binding agreement between lender and borrower under Malaysian law.

Download

Exclusive Buyer Brokerage Agreement

A Malaysian law-governed agreement establishing exclusive representation rights between a real estate broker and property buyer.

Download

Enterprise Subscription Agreement

Malaysian-law governed agreement for enterprise-level subscription services, defining terms between service providers and enterprise customers.

Download

Development Services Agreement

A Malaysian law-governed agreement for software development and digital solution services, establishing terms, deliverables, and responsibilities between service providers and clients.

Download

Customer Protection Agreement

A legal agreement establishing consumer protection standards and business obligations under Malaysian law, ensuring comprehensive customer rights and safeguards.

Download

Clearing Agreement

A Malaysian law-governed agreement establishing the relationship between a clearing house and its members, setting out clearing services terms and regulatory compliance requirements.

Download

Admission Agreement

A Malaysian-law governed agreement between an educational institution and student establishing terms of admission and enrollment.

Download

Administrative Contract

A Malaysian law-governed contract for administrative arrangements between government entities and private parties, following public sector requirements.

Download

Shared Services Agreement

A Malaysian law-governed agreement establishing shared services arrangements between corporate entities, defining service scope, standards, and operational framework.

Download

Payment Settlement Agreement

A Malaysian law-governed agreement that formalizes debt settlement arrangements between creditors and debtors, outlining payment terms and conditions.

Download

Web Development Agreement

A Malaysian-law governed agreement for website development services, outlining project scope, deliverables, and mutual obligations.

Download

Dispatcher Agreement

A Malaysian law-compliant agreement governing the engagement of dispatchers, outlining service terms, operational procedures, and compliance requirements.

Download

Staffing Agreement

A Malaysian law-governed agreement between staffing agencies and client companies for the provision and management of temporary or contract workers.

Download

Personal Services Contract

Malaysian-law governed Personal Services Contract for professional service arrangements, establishing terms between service providers and clients.

Download

Staff Contract

A Malaysian law-governed employment agreement establishing terms and conditions between employer and employee.

Download

Volunteer Agreement

A Malaysian law-governed agreement establishing the terms and conditions between an organization and a volunteer, defining roles and responsibilities while protecting both parties' interests.

Download

Home Construction Contract

Malaysian-law governed agreement for residential property construction, establishing terms between property owner and contractor with compliance to local housing development regulations.

Download

Home Repair Contract

Malaysian-law governed agreement for home repair services between property owners and contractors, ensuring compliance with local regulations and protecting both parties' interests.

Download

Truck Driver Contract Agreement

A Malaysian law-governed employment agreement for professional truck drivers, establishing key terms and conditions while ensuring compliance with local transportation and employment regulations.

Download

Real Estate Purchase Contract

A Malaysian law-governed agreement for the sale and purchase of real estate property, detailing terms of transfer and parties' obligations.

Download

Data Processing Agreement

Malaysian law-compliant agreement governing the processing of personal data between a controller and processor under PDPA 2010.

Download

Landscape Contract

A Malaysian law-governed contract for landscape construction and maintenance services, defining scope, terms, and obligations for landscaping works.

Download

Graphic Design Contract

A Malaysian law-governed agreement between a graphic designer and client establishing terms for design services, deliverables, and intellectual property rights.

Download

Guarantee Contract

A Malaysian law-governed agreement where a guarantor undertakes to fulfill another party's obligations to a creditor upon default.

Download

House Rental Form

A Malaysian law-compliant agreement establishing terms and conditions for residential property rental between landlord and tenant.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it