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General Contractor Contract for Malaysia

General Contractor Contract Template for Malaysia

This document is a comprehensive General Contractor Contract governed by Malaysian law, designed for construction projects in Malaysia. It establishes the legal relationship between the project owner/employer and the general contractor, outlining their respective rights, obligations, and responsibilities. The contract incorporates requirements from key Malaysian legislation including the Construction Industry Development Board Act 1994, CIPAA 2012, and the Contracts Act 1950. It provides detailed provisions for project execution, payment terms, quality standards, dispute resolution, and compliance with local construction regulations and industry standards.

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What is a General Contractor Contract?

The General Contractor Contract is a fundamental legal document used in Malaysian construction projects to establish and regulate the relationship between the project owner/employer and the general contractor. This contract type is essential for projects requiring comprehensive construction services where a general contractor takes primary responsibility for the execution of the entire construction work. It is structured to comply with Malaysian construction law, including CIDB requirements, CIPAA 2012, and relevant building regulations. The document typically includes detailed provisions for scope of work, payment terms, project timeline, quality standards, variations, dispute resolution, and statutory compliance. It's particularly important for ensuring clear allocation of responsibilities, risk management, and project delivery mechanisms while protecting the interests of all parties involved.

What sections should be included in a General Contractor Contract?

1. Parties: Identification of the Owner/Employer and the General Contractor, including full legal names and registration details

2. Background: Context of the agreement, including project overview and purpose

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

4. Scope of Work: Detailed description of the construction work to be performed

5. Contract Sum and Payment Terms: Total contract value, payment schedule, and payment conditions

6. Project Timeline: Commencement date, completion date, and key milestone dates

7. Contractor's Obligations: Detailed responsibilities and duties of the contractor

8. Owner's Obligations: Responsibilities and duties of the owner/employer

9. Materials and Workmanship: Quality standards, specifications, and approval requirements

10. Variations and Changes: Procedures for handling changes to scope or specifications

11. Health and Safety: Safety requirements and compliance with OSHA regulations

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

13. Defects Liability: Defects liability period and rectification obligations

14. Termination: Grounds and procedures for contract termination

15. Dispute Resolution: Procedures for resolving disputes, including CIPAA provisions

16. General Provisions: Standard contractual clauses including notices, governing law, etc.

What sections are optional to include in a General Contractor Contract?

1. Performance Bond: Required when project value exceeds certain threshold or when specifically requested by owner

2. Advance Payment: Include when advance payment is part of the agreement

3. Nominated Sub-contractors: Include when specific sub-contractors are to be nominated by the owner

4. Liquidated Damages: Include when specific compensation for delays needs to be pre-determined

5. Environmental Compliance: Include for projects with significant environmental impact

6. Force Majeure: Include detailed force majeure provisions for high-risk or long-term projects

7. Intellectual Property Rights: Include when design elements or proprietary methods are involved

8. Site Conditions: Include detailed site-specific provisions for complex construction sites

What schedules should be included in a General Contractor Contract?

1. Schedule 1: Scope of Works: Detailed technical specifications and drawings

2. Schedule 2: Bill of Quantities: Itemized list of quantities and rates

3. Schedule 3: Project Timeline: Detailed project schedule with milestones

4. Schedule 4: Payment Schedule: Detailed payment terms and milestone payments

5. Schedule 5: Site Details: Site information, access details, and restrictions

6. Schedule 6: Insurance Requirements: Detailed insurance coverage requirements

7. Schedule 7: Key Personnel: List of key personnel from both parties

8. Appendix A: Technical Specifications: Detailed technical requirements and standards

9. Appendix B: Drawings: Construction drawings and design documents

10. Appendix C: Forms and Certificates: Standard forms for variations, completion certificates, etc.

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

Cost

Free to use
Relevant legal definitions













































Clauses









































Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Real Estate Development

Manufacturing Facilities

Hospitality

Healthcare Facilities

Educational Institutions

Retail Development

Mixed-use Development

Public Works

Relevant Teams

Legal

Operations

Construction

Project Management

Commercial

Procurement

Finance

Risk Management

Compliance

Technical Services

Contract Administration

Quality Assurance

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Project Manager

Quantity Surveyor

Site Supervisor

Procurement Manager

Risk Manager

Commercial Director

Operations Manager

Chief Executive Officer

Technical Director

Finance Director

Compliance Officer

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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