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Land Owner And Builder Agreement
"I need a Land Owner and Builder Agreement for my residential property development in Penang, Malaysia, with construction to begin in March 2025 and completion required within 18 months; the agreement should include specific provisions for local heritage zone requirements and traditional architectural elements."
1. Parties: Identifies and provides full details of the land owner and the builder, including registration numbers for companies
2. Background: Establishes the context - owner's possession of land, intention to construct, and builder's qualifications and capabilities
3. Definitions: Defines key terms used throughout the agreement including 'Works', 'Contract Sum', 'Completion Date', and technical terms
4. Scope of Works: Detailed description of construction works to be performed, including general obligations of the builder
5. Contract Sum and Payment Terms: Specifies the total contract value, payment schedule, and payment conditions
6. Duration and Completion: Stipulates project timeline, completion date, and provisions for extensions of time
7. Builder's Obligations: Lists all responsibilities of the builder including quality standards, compliance with laws, and safety measures
8. Land Owner's Obligations: Specifies responsibilities of the land owner including site access, approvals, and information provision
9. Variations: Procedures for handling changes to the scope of work and their impact on cost and timeline
10. Quality and Inspections: Standards of workmanship, inspection procedures, and defect rectification requirements
11. Insurance and Indemnity: Required insurance coverage and indemnification obligations of both parties
12. Termination: Circumstances and procedures for contract termination by either party
13. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration provisions
14. General Provisions: Standard legal clauses including notices, governing law, and entire agreement provisions
1. Environmental Protection: Additional environmental obligations when project has significant environmental impact or is in environmentally sensitive areas
2. Security Deposit: Terms for security deposit when required for larger projects or based on risk assessment
3. Intellectual Property: Needed when custom designs or innovative construction methods are involved
4. Confidentiality: Required for projects involving proprietary designs or sensitive information
5. Force Majeure: Detailed force majeure provisions for projects in areas prone to natural disasters or with higher risk factors
6. Warranties: Extended warranty provisions beyond statutory requirements when needed for specific components
7. Financing Arrangements: When project involves external financing or special payment arrangements
1. Schedule 1 - Property Details: Legal description of the land, including title details and site boundaries
2. Schedule 2 - Construction Drawings: Approved architectural and engineering drawings
3. Schedule 3 - Construction Specifications: Detailed technical specifications for materials and construction methods
4. Schedule 4 - Payment Schedule: Detailed breakdown of payment milestones and amounts
5. Schedule 5 - Project Timeline: Detailed construction schedule with milestones and critical paths
6. Schedule 6 - Permits and Approvals: List of required permits and responsibilities for obtaining them
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and coverage requirements
8. Appendix A - Form of Payment Certificate: Standard form for progress payment certifications
9. Appendix B - Variation Order Form: Standard form for documenting and approving variations
Authors
Construction
Real Estate
Property Development
Infrastructure
Commercial Property
Residential Property
Industrial Property
Hospitality
Retail
Legal
Construction
Property Development
Project Management
Contracts Administration
Risk & Compliance
Architecture
Engineering
Finance
Procurement
Construction Manager
Project Director
Contract Manager
Legal Counsel
Property Developer
Site Supervisor
Quantity Surveyor
Architect
Civil Engineer
Property Manager
Procurement Manager
Risk Manager
Compliance Officer
Development Manager
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