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General Contractor Agreement With Owner for Malaysia

General Contractor Agreement With Owner Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the contractual relationship between a property owner/developer and a general contractor for construction works. The document outlines the scope of work, payment terms, timelines, and responsibilities while ensuring compliance with Malaysian construction regulations, including the Construction Industry Development Board Act 1994 and the Construction Industry Payment and Adjudication Act 2012. It includes provisions for quality standards, safety requirements, dispute resolution, and other critical aspects of construction project management within the Malaysian legal framework.

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General Contractor Agreement With Owner

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What is a General Contractor Agreement With Owner?

The General Contractor Agreement With Owner is a fundamental document used in Malaysian construction projects when a property owner or developer engages a general contractor to undertake construction works. This agreement is essential for projects requiring comprehensive construction services and is structured to comply with Malaysian legislation, including the Construction Industry Development Board Act 1994, CIPAA 2012, and relevant building regulations. The document typically includes detailed provisions for scope of work, payment terms, project timeline, quality standards, safety requirements, and dispute resolution mechanisms. It is particularly crucial for medium to large-scale construction projects where clear delineation of responsibilities, risk allocation, and project management procedures is necessary. The agreement incorporates local construction industry practices while providing flexibility to accommodate project-specific requirements and ensuring protection for both parties under Malaysian law.

What sections should be included in a General Contractor Agreement With Owner?

1. Parties: Identifies and provides full details of the Owner and the General Contractor, including registration numbers and addresses

2. Background: Describes the project context, Owner's intention to engage the Contractor, and Contractor's confirmation of capability

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Work: Detailed description of the construction work to be performed, including general obligations and deliverables

5. Contract Sum and Payment Terms: Specifies the total contract value, payment schedule, and payment procedures in accordance with CIPAA 2012

6. Project Timeline: Sets out the commencement date, completion date, and key project milestones

7. Contractor's Obligations: Comprehensive list of contractor's responsibilities, including compliance with laws, standards, and specifications

8. Owner's Obligations: Details the owner's responsibilities, including site access, approvals, and payment obligations

9. Quality and Standards: Specifies required quality standards, inspection procedures, and acceptance criteria

10. Health, Safety and Environment: Outlines safety requirements and environmental compliance obligations as per Malaysian regulations

11. Insurance and Indemnity: Specifies required insurance coverage and indemnification obligations

12. Variations and Changes: Procedures for handling changes to scope, specifications, or contract terms

13. Defects and Warranties: Details defect liability period, warranty terms, and remediation procedures

14. Force Majeure: Defines force majeure events and their consequences under Malaysian law

15. Default and Termination: Specifies events of default, termination procedures, and consequences

16. Dispute Resolution: Sets out dispute resolution procedures including mediation and arbitration under Malaysian law

17. General Provisions: Standard legal provisions including notices, assignment, and governing law

What sections are optional to include in a General Contractor Agreement With Owner?

1. Performance Bond: Required when project value exceeds certain threshold or when owner requires additional security

2. Intellectual Property Rights: Needed when design elements or proprietary methods are involved

3. Confidentiality: Important when sensitive information or proprietary designs are shared

4. Local Content Requirements: Required for projects subject to Malaysian local content regulations

5. Subcontracting: Needed when subcontractors will be engaged, specifying approval requirements and management

6. Equipment and Materials Supply: Required when specific arrangements for equipment or material procurement need to be detailed

7. Site Security: Important for projects in sensitive or high-security locations

8. Temporary Works: Needed when significant temporary structures or facilities are required

9. Testing and Commissioning: Required for projects involving complex systems or equipment installation

What schedules should be included in a General Contractor Agreement With Owner?

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

2. Schedule 2 - Project Timeline: Detailed project schedule including milestones and critical path activities

3. Schedule 3 - Bill of Quantities: Itemized list of quantities, rates, and prices for the works

4. Schedule 4 - Payment Schedule: Detailed breakdown of payment milestones and amounts

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

6. Schedule 6 - Required Insurances: Detailed list of required insurance policies and coverage amounts

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

8. Schedule 8 - Forms and Procedures: Standard forms for variations, claims, and other project procedures

9. Schedule 9 - Quality Assurance Plan: Detailed quality control and assurance procedures

10. Schedule 10 - HSE Requirements: Detailed health, safety, and environmental requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Cost

Free to use
Relevant legal definitions






















































Clauses



































Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Property Development

Manufacturing Facilities

Retail Development

Healthcare Facilities

Educational Institutions

Hospitality and Tourism

Relevant Teams

Legal

Operations

Construction

Project Management

Commercial

Procurement

Risk and Compliance

Technical

Property Development

Contract Administration

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Project Manager

Site Supervisor

Quantity Surveyor

Chief Executive Officer

Operations Director

Commercial Manager

Risk Manager

Procurement Manager

Technical Director

Development 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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