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Design Build Maintain Contract Template for Malaysia

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Key Requirements PROMPT example:

Design Build Maintain Contract

"I need a Design Build Maintain Contract for a new solar power plant in Johor, Malaysia, with construction to commence in March 2025 and including a 15-year maintenance period with specific performance guarantees for power generation efficiency."

Document background
The Design Build Maintain Contract is essential for complex infrastructure projects in Malaysia where a single contractor takes responsibility for design, construction, and long-term maintenance. This integrated approach streamlines project delivery and ensures continuity of service throughout the asset lifecycle. The document is particularly relevant for public infrastructure, commercial developments, and industrial facilities requiring ongoing maintenance after construction. It incorporates requirements from the Malaysian Construction Industry Development Board (CIDB), local building regulations, and environmental standards. The contract structure allows for clear risk allocation, performance monitoring, and payment mechanisms across all project phases, making it suitable for both public and private sector projects where long-term asset performance is crucial.
Suggested Sections

1. Parties: Identification of the employer and the contractor

2. Background: Context of the project and purpose of the agreement

3. Definitions and Interpretation: Defined terms and interpretation rules

4. Contractor's General Obligations: Overall scope of design, construction and maintenance obligations

5. Design Obligations: Specific requirements for design services, approvals, and professional standards

6. Construction Obligations: Requirements for construction phase, methodologies, and standards

7. Maintenance Obligations: Long-term maintenance requirements, service levels, and performance standards

8. Time for Completion: Project schedule, milestones, and completion dates for each phase

9. Contract Price and Payment: Payment terms for each phase, payment mechanisms, and variations

10. Quality Assurance: Quality standards, testing, and inspection requirements

11. Variations: Procedures for changes to scope, design, or maintenance requirements

12. Risk and Insurance: Risk allocation, required insurance coverage, and indemnities

13. Force Majeure: Force majeure events and consequences

14. Default and Termination: Events of default, termination rights, and consequences

15. Dispute Resolution: Dispute resolution procedures and governing law

Optional Sections

1. Interface Management: Required when project interfaces with existing facilities or other contractors

2. Environmental Protection: Enhanced environmental requirements for environmentally sensitive projects

3. Local Content Requirements: Required for projects with specific local content obligations

4. Technology Transfer: Include when specific technology transfer obligations exist

5. Financing Arrangements: Required when project involves specific financing structures

6. Government Approvals: Detailed section needed for projects requiring specific government authorizations

7. Intellectual Property Rights: Required when design involves significant IP considerations

8. Step-in Rights: Include for critical infrastructure projects

Suggested Schedules

1. Schedule 1 - Project Requirements: Detailed technical specifications and requirements

2. Schedule 2 - Site Information: Site details, conditions, and access requirements

3. Schedule 3 - Design Criteria: Specific design requirements and standards

4. Schedule 4 - Construction Requirements: Detailed construction specifications and methodologies

5. Schedule 5 - Maintenance Services: Detailed maintenance scope and performance standards

6. Schedule 6 - Time Schedule: Detailed program and milestone dates

7. Schedule 7 - Payment Schedule: Detailed payment terms, mechanisms and schedules

8. Schedule 8 - Key Personnel: Required personnel and qualifications

9. Schedule 9 - Forms of Bonds and Guarantees: Templates for required security documents

10. Schedule 10 - Testing and Commissioning: Testing requirements and acceptance criteria

11. Schedule 11 - Insurance Requirements: Detailed insurance obligations

12. Appendix A - Form of Payment Certificate: Standard form for payment applications

13. Appendix B - Form of Variation Order: Standard form for variations

14. Appendix C - Performance Standards: Detailed performance metrics and measurement criteria

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

Infrastructure

Construction

Real Estate Development

Transportation

Healthcare

Education

Industrial Development

Energy

Waste Management

Water Treatment

Commercial Development

Public Works

Telecommunications

Relevant Teams

Legal

Operations

Engineering

Commercial

Procurement

Project Management

Design

Construction

Maintenance

Quality Assurance

Risk Management

Contract Administration

Technical Services

Relevant Roles

Project Director

Construction Manager

Facilities Manager

Contract Manager

Legal Counsel

Chief Engineer

Technical Director

Commercial Director

Risk Manager

Procurement Manager

Operations Director

Design Manager

Maintenance Manager

Quality Assurance Manager

Project Controls Manager

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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