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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."
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
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
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
Construction
Real Estate
Property Development
Infrastructure
Commercial Property
Residential Property
Industrial Property
Hospitality
Retail
Healthcare
Education
Legal
Construction
Property
Real Estate
Operations
Commercial
Contracts
Project Management
Facilities Management
Risk Management
Compliance
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
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