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General Contractor Agreement Cost Plus Fee
"I need a General Contractor Agreement Cost Plus Fee for a large-scale commercial development project in Kuala Lumpur, with a 15% contractor's fee, starting March 2025, and including specific provisions for sustainable building practices and local content requirements."
1. Parties: Identifies the contracting parties - the Client and the General Contractor, including their full legal names, registration numbers, and registered addresses
2. Background: Sets out the context of the agreement, including project overview and parties' qualifications
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Works: Detailed description of the construction works to be performed by the Contractor
5. Contractor's Obligations: Comprehensive list of Contractor's duties, responsibilities, and standards of performance
6. Client's Obligations: Details of Client's responsibilities including site access, approvals, and information provision
7. Cost Plus Fee Structure: Defines allowable costs, fee calculation method, and payment mechanisms
8. Payment Terms: Details on payment procedures, timing, documentation requirements, and verification process
9. Project Timeline: Project schedule, milestones, and completion dates
10. Changes and Variations: Procedures for handling changes to scope, costs, or timeline
11. Quality Control: Quality standards, inspection procedures, and acceptance criteria
12. Health and Safety: Safety requirements and compliance with Malaysian safety regulations
13. Insurance and Indemnity: Required insurance coverage and indemnification provisions
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes, including reference to Malaysian law
16. General Provisions: Standard contractual provisions including notices, assignment, and entire agreement
1. Performance Security: Requirements for performance bonds or guarantees, optional for smaller projects
2. Environmental Compliance: Specific environmental requirements, needed for environmentally sensitive projects
3. Local Content Requirements: Provisions for local material/labor usage, relevant for government or regulated projects
4. Intellectual Property Rights: IP provisions, needed when design or innovative methods are involved
5. Confidentiality: Confidentiality obligations, important for sensitive or high-profile projects
6. Force Majeure: Provisions for unforeseen events, particularly relevant in long-term projects
7. Liquidated Damages: Pre-agreed damages for delays, optional based on project requirements
8. Defects Liability Period: Extended warranty provisions, optional based on project type
9. Site Security: Special security requirements, needed for high-security or sensitive locations
10. Training and Knowledge Transfer: Requirements for training client's staff, relevant for complex projects
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Cost Components: Breakdown of allowable costs and excluded costs
3. Schedule 3 - Fee Calculation: Detailed methodology for calculating the contractor's fee
4. Schedule 4 - Key Personnel: List of key project team members and their roles
5. Schedule 5 - Project Timeline: Detailed project schedule and milestone dates
6. Schedule 6 - Required Insurance: Specific insurance requirements and coverage levels
7. Schedule 7 - Forms and Procedures: Standard forms for progress claims, variations, and reports
8. Schedule 8 - Quality Standards: Detailed quality requirements and testing procedures
9. Schedule 9 - Site Information: Site details, access points, and specific site conditions
10. Appendix A - Required Permits: List of required regulatory permits and approvals
11. Appendix B - Safety Requirements: Detailed health and safety requirements and procedures
Authors
Construction
Real Estate Development
Infrastructure
Industrial Development
Commercial Property
Residential Development
Manufacturing
Healthcare Facilities
Education Facilities
Hospitality
Retail Development
Mixed-Use Development
Legal
Construction
Project Management
Commercial
Procurement
Finance
Operations
Risk Management
Technical Services
Contract Administration
Construction Manager
Project Director
Contract Administrator
Commercial Director
Chief Operating Officer
Project Manager
Quantity Surveyor
Legal Counsel
Risk Manager
Procurement Manager
Site Manager
Cost Controller
Technical Director
Operations Manager
Finance Director
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