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Build Agreement Template for Malaysia

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Key Requirements PROMPT example:

Build Agreement

"I need a Build Agreement for a green-certified commercial development project in Kuala Lumpur with a contract value of RM50 million, incorporating specific environmental sustainability requirements and LEED certification standards."

Document background
The Build Agreement is a fundamental contract type in Malaysian construction law, used when a developer or property owner engages a contractor to carry out construction works. This agreement is essential for projects ranging from commercial buildings to residential developments and infrastructure works. The document comprehensively addresses construction requirements under Malaysian law, including CIDB regulations, local authority requirements, and industry standards. It typically details scope of works, payment mechanisms, project timelines, quality standards, and dispute resolution procedures. The Build Agreement is particularly important in the Malaysian context as it must comply with local construction industry regulations while providing clear risk allocation between parties.
Suggested Sections

1. Parties: Identification and details of the employer and contractor

2. Background: Context of the agreement and brief project overview

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

4. Scope of Works: Detailed description of the construction works to be performed

5. Contract Sum and Payment Terms: Agreement on price, payment schedule, and payment mechanisms

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

7. Contractor's Obligations: Key responsibilities and obligations of the contractor

8. Employer's Obligations: Key responsibilities and obligations of the employer

9. Variations: Process for handling changes to the scope of works

10. Extensions of Time: Circumstances and procedures for time extensions

11. Defects Liability: Defects liability period and rectification obligations

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

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Procedures for resolving disputes

15. General Provisions: Standard contractual provisions including notices, governing law, etc.

Optional Sections

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

2. Site Conditions: Include when specific site conditions need special attention or risk allocation

3. Environmental Requirements: Include for projects with significant environmental impact or requirements

4. Quality Assurance: Include when specific quality standards or certifications are required

5. Safety Requirements: Include detailed safety provisions for high-risk projects

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

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

8. Liquidated Damages: Include when specific compensation for delay or performance failure needs to be pre-agreed

9. Retention: Include when retention money is to be held as security for performance

Suggested Schedules

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

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

3. Schedule 3 - Project Timeline: Detailed project schedule including milestones and critical dates

4. Schedule 4 - Payment Schedule: Detailed payment terms, mechanisms and milestone payments

5. Schedule 5 - Site Information: Site details, access requirements and existing conditions

6. Schedule 6 - Required Insurances: Details of all required insurance policies and coverage

7. Schedule 7 - Key Personnel: List of key personnel from both parties and their roles

8. Schedule 8 - Forms and Certificates: Template forms for various certificates and notices

9. Schedule 9 - Quality Standards: Specific quality standards and testing requirements

10. Appendix A - Drawings: Complete set of construction drawings

11. Appendix B - Technical Specifications: Detailed technical specifications for materials and workmanship

12. Appendix C - Permits and Approvals: Copies of relevant permits and regulatory approvals

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













































Clauses

















































Relevant Industries

Construction

Real Estate Development

Infrastructure

Industrial Development

Commercial Property

Residential Development

Mining

Manufacturing

Healthcare

Education

Hospitality

Retail

Relevant Teams

Legal

Construction

Project Management

Commercial

Operations

Development

Risk & Compliance

Procurement

Technical

Finance

Property

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Project Manager

Commercial Director

Development Manager

Chief Executive Officer

Operations Director

Risk Manager

Procurement Manager

Technical Director

Finance Director

Quantity Surveyor

Site Manager

Construction 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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