Building Repair Work Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for building repair works between a property owner/manager and a contractor. The document complies with Malaysian construction regulations, including the Construction Industry Development Board Act 1994 and relevant building codes. It details the scope of repair works, payment terms, timelines, quality standards, warranties, and responsibilities of all parties involved, while incorporating specific requirements under Malaysian construction and contract law.

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What is a Building Repair Work Agreement?

The Building Repair Work Agreement is essential for any repair or renovation project in Malaysia where formal contractual arrangements are required between property owners/managers and contractors. This document is designed to comply with Malaysian legislation, including the Contracts Act 1950 and Construction Industry Development Board Act 1994, making it suitable for both residential and commercial properties. It provides comprehensive coverage of all aspects of repair works, including scope, pricing, timelines, quality standards, and legal obligations. The agreement is particularly important for protecting both parties' interests, ensuring clear communication of expectations, and establishing a legal framework for dispute resolution. It should be used whenever undertaking significant repair works that require professional contractors and formal documentation of terms and conditions.

What sections should be included in a Building Repair Work Agreement?

1. Parties: Identification of the property owner/client and the contractor, including their full legal names, registration numbers, and addresses

2. Background: Brief context of the repair work requirement and the parties' intention to enter into this agreement

3. Definitions: Definitions of key terms used throughout the agreement including technical construction terms

4. Scope of Work: Detailed description of the repair works to be undertaken, including specific areas to be repaired and expected outcomes

5. Contract Price and Payment Terms: Total contract value, payment schedule, and payment conditions including any retention sum

6. Timeline and Completion: Project timeline, completion date, and provisions for extensions of time

7. Contractor's Obligations: Key responsibilities including workmanship standards, compliance with regulations, and safety measures

8. Client's Obligations: Client's responsibilities including site access, necessary approvals, and cooperation requirements

9. Materials and Equipment: Specifications for materials, procurement responsibilities, and quality standards

10. Warranties and Defects Liability: Warranty period, defects liability period, and rectification obligations

11. Insurance and Indemnity: Required insurance coverage and indemnification provisions

12. Termination: Grounds and procedures for contract termination by either party

13. Dispute Resolution: Process for resolving disputes including mediation and arbitration procedures

14. General Provisions: Standard legal provisions including notices, governing law, and entire agreement clause

What sections are optional to include in a Building Repair Work Agreement?

1. Performance Bond: Required when a security bond is needed for high-value repair works

2. Variation Orders: Detailed procedure for handling changes to scope of work, needed for complex repair projects

3. Subcontracting: Include when subcontractors may be involved in specialized repair works

4. Liquidated Damages: Specific provisions for compensation in case of delay, typically for time-sensitive projects

5. Environmental Protection: Required for projects with significant environmental impact considerations

6. Storage and Security: Include when contractor requires on-site storage facilities or security arrangements

7. Testing and Commissioning: Necessary for repairs involving mechanical or electrical systems

8. Health and Safety Requirements: Detailed safety provisions for high-risk repair works

What schedules should be included in a Building Repair Work Agreement?

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

2. Schedule 2 - Bill of Quantities: Itemized list of materials, labor, and costs

3. Schedule 3 - Project Timeline: Detailed work schedule with milestones and completion dates

4. Schedule 4 - Payment Schedule: Breakdown of payment installments and corresponding work stages

5. Schedule 5 - Material Specifications: Detailed specifications of materials to be used

6. Schedule 6 - Required Permits and Approvals: List of necessary regulatory approvals and permits

7. Appendix A - Site Plans and Drawings: Technical drawings and site layout plans

8. Appendix B - Safety Procedures: Specific safety protocols and procedures

9. Appendix C - Insurance Certificates: Copies of required insurance policies

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Genie AI

Cost

Free to use

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