The Contract For Contractor And Homeowner is essential for any residential construction or renovation project in Malaysia where a homeowner engages a contractor for construction works. This document is designed to comply with Malaysian legislation, including the Contracts Act 1950, Consumer Protection Act 1999, and various construction-related regulations. It serves as a comprehensive agreement that protects both parties' interests by clearly defining the scope of work, payment terms, quality standards, and completion requirements. The contract is particularly important in the Malaysian context where residential construction must comply with strict local authority requirements and building codes. It should be used whenever a homeowner plans to engage a contractor for any significant construction, renovation, or improvement work on their property, ensuring all parties understand their rights, obligations, and the project specifications.
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1. Parties: Identification of the Contractor and Homeowner with complete details including registration/ID numbers
2. Background: Brief context of the construction project and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the construction/renovation work to be performed
5. Contract Price and Payment Terms: Total contract value, payment schedule, and payment conditions
6. Timeline and Completion: Project schedule, milestones, and completion requirements
7. Contractor's Obligations: Responsibilities of the contractor including quality standards, materials, and workmanship
8. Homeowner's Obligations: Responsibilities of the homeowner including site access and necessary approvals
9. Variations and Changes: Process for handling changes to scope of work and associated costs
10. Materials and Workmanship: Quality standards, material specifications, and workmanship requirements
11. Permits and Compliance: Requirements for obtaining necessary permits and compliance with local regulations
12. Insurance and Liability: Insurance requirements and allocation of risks between parties
13. Warranties: Warranty terms for workmanship and materials
14. Default and Termination: Conditions for default and contract termination procedures
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard contract clauses including notices, entire agreement, and governing law
1. Site Safety and Security: Additional provisions for site safety measures and security requirements, recommended for larger projects
2. Environmental Protection: Specific environmental protection measures, recommended for projects with environmental impact
3. Subcontractors: Terms regarding the engagement and management of subcontractors, needed if subcontracting is allowed
4. Intellectual Property: Protection of designs and architectural plans, needed if custom designs are involved
5. Force Majeure: Provisions for unforeseen circumstances, recommended for longer-term projects
6. Defects Liability Period: Extended warranty period after completion, recommended for major construction works
7. Quality Control and Inspection: Detailed quality control procedures, recommended for complex projects
1. Schedule A - Scope of Work Details: Detailed specifications, drawings, and description of construction work
2. Schedule B - Payment Schedule: Detailed breakdown of payment milestones and amounts
3. Schedule C - Project Timeline: Detailed project schedule with milestones and completion dates
4. Schedule D - Material Specifications: Detailed list of materials to be used and their specifications
5. Schedule E - Plans and Drawings: Architectural plans, engineering drawings, and design documents
6. Appendix 1 - Required Permits and Approvals: List of necessary permits and approvals required for the project
7. Appendix 2 - Insurance Requirements: Detailed insurance requirements and coverage specifications
8. Appendix 3 - Quality Standards: Specific quality standards and acceptance criteria for the work
Relevant legal definitions
Agreement
Approved Drawings
Building Permit
Certificate of Completion
Completion Date
Contract Price
Contract Documents
Construction Period
Construction Site
Construction Works
Contractor
Defects Liability Period
Homeowner
Identity Card
Local Authority
Materials
Payment Schedule
Practical Completion
Project
Project Schedule
Property
Specifications
Subcontractor
Substantial Completion
Variation Order
Warranty Period
Work Order
Workmanship
Approved Drawings
Building Permit
Certificate of Completion
Completion Date
Contract Price
Contract Documents
Construction Period
Construction Site
Construction Works
Contractor
Defects Liability Period
Homeowner
Identity Card
Local Authority
Materials
Payment Schedule
Practical Completion
Project
Project Schedule
Property
Specifications
Subcontractor
Substantial Completion
Variation Order
Warranty Period
Work Order
Workmanship
Clauses
Definitions
Scope of Work
Payment Terms
Timeline
Construction Standards
Materials and Equipment
Quality Assurance
Permits and Licenses
Site Access
Health and Safety
Insurance
Warranties
Indemnification
Variation Orders
Force Majeure
Default and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Amendment
Severability
Compliance with Laws
Site Security
Environmental Protection
Defects Liability
Inspection Rights
Completion and Handover
Scope of Work
Payment Terms
Timeline
Construction Standards
Materials and Equipment
Quality Assurance
Permits and Licenses
Site Access
Health and Safety
Insurance
Warranties
Indemnification
Variation Orders
Force Majeure
Default and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Amendment
Severability
Compliance with Laws
Site Security
Environmental Protection
Defects Liability
Inspection Rights
Completion and Handover
Relevant Industries
Construction
Real Estate
Home Improvement
Interior Design
Architecture
Engineering
Property Development
Building Materials
Home Renovation
Relevant Teams
Legal
Construction
Project Management
Contracts Administration
Risk Management
Compliance
Property Development
Architecture
Engineering
Quality Assurance
Procurement
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Property Developer
Building Inspector
Quantity Surveyor
Site Supervisor
Architect
Civil Engineer
Interior Designer
Procurement Manager
Risk Manager
Compliance Officer
Construction Estimator
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