The Construction Consulting Contract serves as the primary legal instrument for engaging professional consulting services in construction projects within Malaysia. This document is essential when a client requires specialized construction advisory services, technical expertise, or project management support. It encompasses all aspects of the consulting relationship, including scope definition, professional standards, deliverables, and commercial terms, while ensuring compliance with Malaysian legislation such as the Construction Industry Development Board Act 1994, Registration of Engineers Act 1967, and relevant professional standards. The agreement is structured to protect both parties' interests while facilitating effective project delivery and risk management in the Malaysian construction sector.
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1. Parties: Identification of the consultant and client, including registration numbers and addresses
2. Background: Context of the agreement, project overview, and basis for engagement
3. Definitions: Key terms used throughout the agreement, including technical and legal definitions
4. Scope of Services: Detailed description of consulting services to be provided
5. Consultant's Obligations: Core responsibilities, professional standards, and deliverables
6. Client's Obligations: Client's responsibilities, including provision of information and access
7. Duration and Timeline: Project duration, key milestones, and completion dates
8. Fees and Payment: Consulting fees, payment schedule, and payment terms
9. Professional Standards: Compliance with Malaysian engineering/architectural standards and regulations
10. Intellectual Property: Ownership and usage rights of documents and designs
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Insurance: Professional liability limits and required insurance coverage
13. Termination: Conditions and procedures for contract termination
14. Governing Law: Application of Malaysian law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Site Safety Requirements: Specific safety obligations when site visits are required
2. Environmental Compliance: Additional environmental obligations for projects with significant environmental impact
3. Sub-consultants: Terms for engaging and managing sub-consultants when required
4. Building Information Modeling (BIM): Specific provisions for BIM requirements if applicable
5. Force Majeure: Extended provisions for unforeseen circumstances affecting project delivery
6. Dispute Resolution: Detailed alternative dispute resolution procedures if preferred over standard litigation
7. Quality Assurance: Specific quality management requirements for complex projects
8. Performance Bonds: Requirements for performance bonds if required by client
9. Local Content Requirements: Provisions for meeting local content requirements if applicable
1. Schedule A - Scope of Services: Detailed breakdown of consulting services and deliverables
2. Schedule B - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule C - Project Timeline: Detailed project schedule and milestone dates
4. Schedule D - Key Personnel: List of key consultant personnel and their roles
5. Schedule E - Client's Requirements: Detailed technical and operational requirements
6. Schedule F - Required Insurance: Details of required insurance coverage and limits
7. Appendix 1 - Project Brief: Detailed description of the construction project
8. Appendix 2 - Required Forms and Reports: Templates for required documentation and reporting
9. Appendix 3 - Professional Certifications: Copies of relevant professional registrations and certifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Industrial Development
Commercial Property
Residential Development
Public Works
Energy
Healthcare
Education
Hospitality
Manufacturing
Transportation
Relevant Teams
Legal
Project Management
Engineering
Commercial
Procurement
Risk Management
Quality Assurance
Technical Services
Finance
Compliance
Operations
Relevant Roles
Construction Manager
Project Director
Technical Director
Chief Engineer
Project Manager
Contract Manager
Legal Counsel
Procurement Manager
Risk Manager
Commercial Manager
Technical Consultant
Design Manager
Quality Assurance Manager
Compliance Officer
Finance Director
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