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General Contractor Agreement Cost Plus Fee Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The General Contractor Agreement Cost Plus Fee is a specialized construction contract designed for projects where the final costs cannot be accurately determined at the outset, or where flexibility in scope is required. This agreement, structured under Malaysian law and construction regulations, provides a framework where the contractor is reimbursed for actual costs incurred plus a pre-agreed fee or percentage. It is particularly suitable for complex construction projects, renovation works, or situations where the scope may evolve during execution. The document includes comprehensive provisions for cost verification, progress payments, and change management, while ensuring compliance with Malaysian construction industry requirements, including CIDB regulations and local building codes. This type of agreement is often preferred when transparency in costs is paramount or when the project involves numerous unknown variables that make fixed-price contracting impractical.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Construction

Real Estate Development

Infrastructure

Industrial Development

Commercial Property

Residential Development

Manufacturing

Healthcare Facilities

Education Facilities

Hospitality

Retail Development

Mixed-Use Development

Relevant Teams

Legal

Construction

Project Management

Commercial

Procurement

Finance

Operations

Risk Management

Technical Services

Contract Administration

Relevant Roles

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

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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