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Preliminary Notice Of Claim Template for Malaysia

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Key Requirements PROMPT example:

Preliminary Notice Of Claim

"I need to draft a Preliminary Notice of Claim for a payment dispute on the KL Tower renovation project, where my construction company is owed RM 2.5 million for completed works and variations by the main contractor, with the final payment certificate due on March 15, 2025."

Document background
The Preliminary Notice of Claim is a crucial document in Malaysia's construction and development industry, governed primarily by the Construction Industry Payment and Adjudication Act (CIPAA) 2012. This document is typically used when a party needs to formally notify another party of their intention to make a claim relating to payment disputes, delays, variations, or other contractual matters. The notice must be submitted within the timeframes specified in the contract or relevant legislation and should contain sufficient detail about the nature of the claim, its basis, and the remedy sought. A properly prepared Preliminary Notice of Claim is essential for preserving the claiming party's rights and can significantly impact the success of subsequent formal claim proceedings. The document serves as a foundation for potential dispute resolution processes, including adjudication, arbitration, or litigation.
Suggested Sections

1. Recipient Details: Full name and address of the party to whom the notice is being sent

2. Project Information: Details of the construction project including project name, location, and contract reference number

3. Contract Details: Information about the relevant contract including date, parties, and scope of works

4. Nature of Claim: Clear statement of the type of claim being made (e.g., payment claim, extension of time, variation)

5. Basis of Claim: Legal and contractual basis for the claim, including relevant contract clauses and legislation

6. Claim Amount: Statement of the amount being claimed (if monetary) or relief sought

7. Timeline of Events: Chronological summary of relevant events leading to the claim

8. Supporting Evidence Reference: Brief overview of key documents supporting the claim

9. Notice Requirements: Statement confirming compliance with contractual and statutory notice requirements

10. Request for Response: Clear statement of expected response and timeframe

Optional Sections

1. Extension of Time Details: Specific section for claims involving delays, including delay analysis and impact assessment

2. Variation Details: Section specifically addressing variation orders and changes to scope when relevant

3. Quantum Calculations: Detailed breakdown of claim calculations for complex monetary claims

4. Previous Correspondence: Summary of relevant previous communications when there is significant prior correspondence

5. Expert Opinion Reference: Reference to expert opinions or reports when technical matters are involved

6. Reservation of Rights: Statement reserving rights to amend or supplement the claim when uncertainty exists

Suggested Schedules

1. Schedule A - Contract Documents: Copies of relevant contract documents and amendments

2. Schedule B - Correspondence Log: Chronological list of relevant correspondence and notices

3. Schedule C - Supporting Documents: Key documents referenced in the claim

4. Schedule D - Photographs and Visual Evidence: Relevant photographs, drawings, or other visual evidence

5. Schedule E - Calculations: Detailed calculations supporting the claim amount

6. Appendix 1 - Technical Reports: Any technical or expert reports supporting the claim

7. Appendix 2 - Statutory Declarations: Any statutory declarations or affidavits if required

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

Infrastructure

Real Estate Development

Engineering

Architecture

Manufacturing

Oil and Gas

Mining

Utilities

Transportation

Relevant Teams

Legal

Operations

Project Management

Contract Administration

Commercial

Construction

Risk Management

Document Control

Finance

Compliance

Relevant Roles

Project Manager

Contract Administrator

Claims Manager

Construction Manager

Legal Counsel

Quantity Surveyor

Project Director

Commercial Manager

Risk Manager

Document Controller

Construction Lawyer

Chief Operating Officer

Operations Director

Site Manager

Project Engineer

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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