The Standard Form Of Contract For Maintenance And Renovation Works is specifically designed for use in the Malaysian construction industry where formalized agreements are needed for property improvements and maintenance projects. This document is particularly valuable for projects that require clear definition of scope, responsibilities, and legal obligations but may not warrant the complexity of major construction contracts. It incorporates relevant Malaysian legislation including the Construction Industry Development Board Act 1994, Contracts Act 1950, and local authority requirements. The contract is structured to provide comprehensive coverage of essential elements such as payment terms, quality standards, safety requirements, and dispute resolution procedures, while remaining adaptable to various project sizes and types. It serves as a crucial tool for property owners, contractors, and consultants in ensuring their projects are executed within a well-defined legal framework.
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1. Parties: Identification and details of the contracting parties (Owner/Employer and Contractor)
2. Background: Context of the agreement and brief description of the project
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Works: Detailed description of maintenance and renovation works to be performed
5. Contract Sum and Payment Terms: Agreement on pricing, payment schedule, and payment conditions
6. Duration and Completion: Project timeline, completion date, and provisions for extensions
7. Contractor's Obligations: Detailed responsibilities and duties of the contractor
8. Owner's Obligations: Responsibilities and duties of the property owner
9. Materials and Workmanship: Standards for materials and quality of work
10. Safety and Compliance: Safety requirements and regulatory compliance obligations
11. Insurance and Indemnity: Insurance requirements and indemnification provisions
12. Variations: Procedures for handling changes to scope of work
13. Defects Liability: Terms for defect identification and rectification
14. Termination: Conditions and procedures for contract termination
15. Dispute Resolution: Procedures for handling disputes between parties
1. Nominated Sub-Contractors: Used when specific sub-contractors are to be appointed for specialized works
2. Liquidated Damages: Include when specific compensation for delays needs to be predetermined
3. Performance Bond: Required for larger projects where additional security is needed
4. Warranties: Used when specific warranties for materials or workmanship are required
5. Environmental Protection: Include for projects with significant environmental impact considerations
6. Quality Assurance: For projects requiring specific quality control measures
7. Site Access and Security: Important for projects in occupied buildings or sensitive areas
8. Intellectual Property Rights: Include when design elements or proprietary methods are involved
1. Schedule A - Scope of Works: Detailed specifications and drawings of the works to be performed
2. Schedule B - Bill of Quantities: Itemized list of works with quantities and rates
3. Schedule C - Program of Works: Detailed timeline and workflow schedule
4. Schedule D - Payment Schedule: Breakdown of payment milestones and amounts
5. Schedule E - Site Information: Details about the work site and existing conditions
6. Schedule F - Special Conditions: Any project-specific requirements or conditions
7. Appendix 1 - Required Permits and Licenses: List of necessary regulatory approvals
8. Appendix 2 - Insurance Requirements: Detailed insurance specifications and coverage requirements
9. Appendix 3 - Health and Safety Requirements: Specific safety procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Residential Property
Commercial Real Estate
Retail
Healthcare Facilities
Educational Institutions
Hospitality
Industrial Properties
Office Buildings
Government Buildings
Religious Buildings
Relevant Teams
Legal
Operations
Facilities Management
Project Management
Procurement
Risk and Compliance
Technical Services
Construction
Property Management
Contract Administration
Relevant Roles
Property Manager
Facility Manager
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Quantity Surveyor
Architect
Building Surveyor
Maintenance Supervisor
Renovation Contractor
Technical Director
Operations Manager
Procurement Manager
Risk Manager
Compliance Officer
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