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Nominated Subcontractor Agreement

Nominated Subcontractor Agreement Template for Malaysia

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Key Requirements PROMPT example:

Nominated Subcontractor Agreement

"I need a Nominated Subcontractor Agreement under Malaysian law for a specialized MEP contractor on a 50-story commercial building in Kuala Lumpur, with works scheduled to commence in March 2025 and valued at MYR 15 million."

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Document background
The Nominated Subcontractor Agreement is a crucial document in Malaysian construction projects where specific specialized works need to be performed by subcontractors chosen by the project employer/client. This agreement type is commonly used when particular expertise, products, or services are required, and the employer wishes to maintain control over the selection of specialized contractors while keeping them under the main contractor's management. The agreement must comply with Malaysian construction law, including CIDB regulations and CIPAA payment provisions. It typically includes detailed specifications of works, payment mechanisms, quality standards, timeline requirements, and risk allocation between parties. This document is essential for projects requiring specialized work such as mechanical, electrical, or other technical installations where the employer wants to ensure specific contractors are engaged while maintaining the main contractor's overall project responsibility.
Suggested Sections

1. Parties: Identification of the Main Contractor and Nominated Subcontractor, including registration details and CIDB license information

2. Background: Context of the main contract, nomination process, and project overview

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Scope of Works: Detailed description of the subcontract works, specifications, and standards

5. Contract Sum and Payment Terms: Subcontract price, payment schedule, and mechanisms compliant with CIPAA

6. Time for Completion: Project timeline, milestone dates, and completion requirements

7. Main Contractor's Obligations: Key responsibilities of the main contractor including site access, coordination, and information provision

8. Subcontractor's Obligations: Key responsibilities including workmanship, materials, compliance with regulations

9. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria

10. Variations: Procedures for handling changes to scope, pricing, and timeline

11. Insurance and Indemnities: Required insurance coverage and indemnification obligations

12. Defects Liability: Defects liability period and rectification obligations

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Procedures for dispute resolution including mediation and arbitration

15. General Provisions: Standard contract clauses including notices, governing law, and assignment

Optional Sections

1. Performance Security: Requirements for performance bond or security, used when additional financial security is required

2. Intellectual Property Rights: IP ownership and licenses, needed when design or innovative solutions are involved

3. Environmental Requirements: Specific environmental obligations, used for projects with significant environmental impact

4. Local Content Requirements: Requirements for local material or labor usage, when required by project specifications

5. Force Majeure: Provisions for unforeseen events, particularly relevant in long-term or high-risk projects

6. Step-in Rights: Rights of main contractor to take over works, used in critical project components

7. Advance Payment: Terms for advance payment and recovery, when advance funding is provided

8. Government Approvals: Specific requirements for government permits and approvals, when working on public projects

Suggested Schedules

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

2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of contract sum and bill of quantities

3. Schedule 3 - Program of Works: Detailed project timeline and milestone dates

4. Schedule 4 - Special Conditions: Project-specific requirements and variations from standard terms

5. Schedule 5 - Technical Specifications: Detailed technical requirements and standards

6. Schedule 6 - Form of Performance Security: Format and requirements for performance bond

7. Schedule 7 - Insurance Requirements: Detailed insurance coverage requirements

8. Schedule 8 - Quality Assurance Requirements: Quality control procedures and standards

9. Appendix A - Site Rules and Regulations: Site-specific rules and safety requirements

10. Appendix B - Forms and Certificates: Standard forms for payment claims, variations, and completion certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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

Infrastructure

Real Estate Development

Commercial Buildings

Residential Development

Industrial Construction

Healthcare Facilities

Educational Facilities

Transportation

Energy

Public Works

Retail Development

Relevant Teams

Legal

Construction

Commercial

Operations

Procurement

Contract Administration

Project Management

Risk & Compliance

Technical Services

Finance

Relevant Roles

Construction Manager

Project Director

Contract Manager

Commercial Manager

Project Manager

Site Manager

Quantity Surveyor

Construction Director

Legal Counsel

Procurement Manager

Technical Director

Operations Manager

Risk Manager

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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