Design Build Contract for Malaysia
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Design Build Contract
"I need a Design Build Contract for a new technology park development in Penang, with construction scheduled to commence in March 2025. The contract should include specific provisions for green building certification and smart building technology integration."
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1. Parties: Identification of the Employer and the Design-Build Contractor, including their registered addresses and company details
2. Background: Context of the project, including brief description of the works and the basis for engaging in a design-build arrangement
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the contract
4. Contract Documents: Hierarchy and list of documents forming the contract
5. Design-Builder's Obligations: Core obligations including both design and construction responsibilities
6. Employer's Obligations: Key responsibilities of the employer including site access, permits, and payments
7. Design Development: Process for design submission, review, and approval
8. Construction Works: Requirements for executing the construction phase
9. Time for Completion: Project timeline, milestones, and completion requirements
10. Contract Price and Payment: Price, payment terms, and mechanisms for payment
11. Variations: Procedures for handling changes to scope, design, or works
12. Quality and Testing: Quality standards, inspection requirements, and testing procedures
13. Defects Liability: Obligations during defects liability period and remediation process
14. Insurance and Indemnities: Required insurance coverage and indemnification obligations
15. Force Majeure: Definition and consequences of force majeure events
16. Termination: Grounds and procedures for contract termination
17. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration
18. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Performance Security: Requirements for performance bonds or guarantees, used for larger projects
2. Intellectual Property Rights: Ownership and licensing of design documents and innovations, important for projects with significant design elements
3. Environmental Compliance: Specific environmental obligations, necessary for projects with significant environmental impact
4. Local Content Requirements: Requirements for local material or labor usage, relevant for government projects
5. Interface Management: Procedures for managing interfaces with other contractors, needed for complex projects
6. Building Information Modeling (BIM): BIM requirements and protocols, relevant for projects using BIM
7. Advance Payment: Terms for advance payment and recovery, used when advance payments are required
8. Price Adjustment: Formula and procedures for price adjustment, relevant for long-term projects
1. Schedule 1 - Employer's Requirements: Detailed technical specifications and requirements for the works
2. Schedule 2 - Site Information: Site details, surveys, and existing conditions
3. Schedule 3 - Time Schedule: Detailed program of works including key dates and milestones
4. Schedule 4 - Payment Schedule: Payment terms, milestones, and breakdown of contract price
5. Schedule 5 - Key Personnel: List of key personnel and their roles
6. Schedule 6 - Forms of Bonds and Guarantees: Templates for required bonds and guarantees
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and coverage limits
8. Schedule 8 - Design Submission Procedure: Detailed procedures for design submissions and approval
9. Appendix A - Design Drawings: Initial design drawings and concepts
10. Appendix B - Testing and Commissioning Requirements: Detailed requirements for testing and commissioning
11. Appendix C - Quality Assurance Requirements: Quality management system requirements and procedures
Authors
Applicable Laws
Architect
As-Built Drawings
Base Date
CIDB
Commencement Date
Completion Certificate
Construction Documents
Construction Period
Contract
Contract Documents
Contract Price
Contractor
Defects Liability Period
Defects Notification Period
Design Documents
Design-Builder
Employer
Employer Requirements
Extension of Time
Final Completion Certificate
Force Majeure
Good Industry Practice
Governing Law
Independent Engineer
Insurance
Intellectual Property Rights
Letter of Award
Liquidated Damages
Material Adverse Effect
Milestone
Notice to Proceed
Payment Certificate
Performance Security
Permitted Purpose
Project
Project Manager
Quality Assurance Plan
Retention Money
Schedule of Payments
Site
Specifications
Subcontractor
Substantial Completion
Taking Over Certificate
Time for Completion
Variation
Works
Interpretation
Contract Formation
Design Obligations
Construction Obligations
Payment
Time and Programming
Variations
Quality Control
Testing and Inspection
Completion
Defects Liability
Health and Safety
Environmental Protection
Insurance
Indemnification
Force Majeure
Suspension
Termination
Dispute Resolution
Confidentiality
Assignment
Subcontracting
Intellectual Property
Securities and Bonds
Warranties
Site Access
Materials and Workmanship
Progress Reporting
Risk Allocation
Permits and Licenses
Local Content Requirements
Documentation
Interface Management
Quality Assurance
Performance Guarantees
Governing Law
Notices
Construction
Infrastructure Development
Real Estate
Industrial Development
Commercial Development
Healthcare Facilities
Educational Institutions
Transportation
Energy and Utilities
Manufacturing Facilities
Technology Parks
Hospitality
Legal
Commercial
Operations
Project Management
Engineering
Architecture
Construction
Procurement
Finance
Risk Management
Quality Assurance
Health and Safety
Contract Administration
Technical Services
Project Director
Construction Manager
Design Manager
Contract Manager
Project Manager
Chief Executive Officer
Commercial Director
Legal Counsel
Quantity Surveyor
Procurement Manager
Risk Manager
Technical Director
Operations Director
Finance Director
Chief Engineer
Architect
Construction Supervisor
Quality Assurance Manager
Health and Safety Manager
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