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Agreement Between Land Owner And Builder Template for Malaysia

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Key Requirements PROMPT example:

Agreement Between Land Owner And Builder

"I need an Agreement Between Land Owner And Builder for constructing a three-story residential property in Penang, Malaysia, with construction scheduled to begin March 2025 and including specific provisions for local heritage area requirements."

Document background
The Agreement Between Land Owner And Builder is a crucial legal document used in Malaysia when a property owner wishes to engage a construction company or builder for construction works. This agreement is essential for any construction project, whether residential, commercial, or industrial, and must comply with Malaysian legislation including the National Land Code 1965, Street, Drainage and Building Act 1974, and the Construction Industry Development Board Act 1994. The document comprehensively covers all aspects of the construction relationship, from project scope and payment terms to dispute resolution mechanisms, while ensuring adherence to local building regulations and industry standards. It serves as the primary reference point for managing the construction process and protecting both parties' interests throughout the project lifecycle.
Suggested Sections

1. Parties: Identifies and provides full details of the Land Owner and the Builder, including registration numbers, addresses, and contact information

2. Background: Sets out the context of the agreement, including brief description of the property and the Owner's intention to engage the Builder

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Work: Detailed description of the construction work to be performed, including general specifications and standards

5. Contract Sum and Payment Terms: Specifies the total contract price, payment schedule, and payment conditions

6. Duration and Completion: Sets out the project timeline, completion date, and provisions for extensions of time

7. Builder's Obligations: Lists the Builder's responsibilities, including compliance with laws, warranties, and quality standards

8. Owner's Obligations: Specifies the Owner's responsibilities, including site access, approvals, and cooperation requirements

9. Variations: Procedures for handling changes to the scope of work and corresponding price adjustments

10. Insurance and Indemnity: Requirements for insurance coverage and mutual indemnification provisions

11. Defects Liability: Provisions for defects liability period and rectification of defects

12. Termination: Grounds and procedures for termination by either party

13. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions

14. General Provisions: Standard contractual provisions including notices, governing law, and entire agreement

Optional Sections

1. Environmental Protection: Required when the project has specific environmental impact considerations or requirements

2. Heritage Protection: Needed when construction involves or is near heritage-listed properties

3. Neighbouring Properties: Important when construction may affect adjacent properties or requires party wall agreements

4. Materials Supply: Used when specific arrangements for material procurement need to be documented

5. Temporary Works: Required when significant temporary structures or works are needed

6. Intellectual Property: Important when custom designs or innovative construction methods are involved

7. Performance Bond: Required when a performance guarantee is needed from the Builder

8. Liquidated Damages: Used when specific compensation for delay needs to be pre-agreed

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the land, including title details and site plan

2. Schedule 2 - Construction Drawings: Approved architectural and engineering drawings

3. Schedule 3 - Construction Specifications: Detailed technical specifications for materials and workmanship

4. Schedule 4 - Payment Schedule: Detailed breakdown of payment milestones and amounts

5. Schedule 5 - Construction Program: Detailed timeline of construction activities and milestones

6. Schedule 6 - Permits and Approvals: List of required permits and responsibility for obtaining them

7. Appendix A - Form of Payment Certificate: Template for progress payment certificates

8. Appendix B - Form of Variation Order: Template for documenting variations to the scope of work

9. Appendix C - Quality Assurance Requirements: Specific quality control procedures and standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































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Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Property

Hospitality

Retail

Healthcare

Education

Relevant Teams

Legal

Construction

Property

Real Estate

Operations

Commercial

Contracts

Project Management

Facilities Management

Risk Management

Compliance

Relevant Roles

Construction Manager

Project Manager

Property Developer

Real Estate Manager

Contract Administrator

Legal Counsel

Construction Engineer

Architect

Quantity Surveyor

Site Manager

Property Owner

Building Contractor

Facilities Manager

Development Director

Commercial Manager

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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