The General Contractor Contract With Subcontractor is a critical document used in Malaysian construction projects when a general contractor needs to delegate specific portions of the construction work to specialized subcontractors. This agreement is essential for projects where specialized expertise, additional workforce, or specific technical capabilities are required. The document incorporates requirements from Malaysian construction laws and regulations, including CIDB requirements, safety standards, and payment protection mechanisms under CIPAA 2012. It details the scope of works, payment terms, performance standards, and risk allocation between parties, while maintaining alignment with the main contract between the general contractor and the project owner. This type of agreement is particularly important in ensuring clear communication, proper risk management, and smooth project execution in the Malaysian construction industry context.
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1. Parties: Identification of the General Contractor and Subcontractor, including registration numbers and addresses
2. Background: Context of the main contract, project details, and basis for subcontracting
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the contract
4. Scope of Work: Detailed description of the subcontracted works and deliverables
5. Contract Sum and Payment Terms: Pricing, payment schedule, and payment procedures
6. Time for Completion: Project timeline, milestones, and completion dates
7. Obligations of the Subcontractor: Specific duties, responsibilities, and performance standards
8. Obligations of the General Contractor: General Contractor's responsibilities and support requirements
9. Safety and Compliance: Safety requirements, permits, and regulatory compliance obligations
10. Quality Control: Quality standards, inspection procedures, and acceptance criteria
11. Variations: Procedures for handling changes to scope or specifications
12. Insurance and Indemnity: Required insurance coverage and indemnification provisions
13. Default and Termination: Grounds for default, remedies, and termination procedures
14. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration
15. General Provisions: Standard contract clauses including notices, governing law, and assignment
1. Performance Bond: Required when project value exceeds certain threshold or when specified by main contract
2. Intellectual Property Rights: Needed when design or innovative solutions are part of scope
3. Confidentiality: Required for projects involving sensitive information or proprietary technology
4. Environmental Requirements: Included for projects with specific environmental impact considerations
5. Local Content Requirements: Required for projects with specific local content or bumiputera participation requirements
6. Force Majeure: Detailed force majeure provisions for high-risk or long-duration projects
7. Warranties and Defects Liability: Extended warranty provisions for specialized equipment or works
8. Site Conditions: Special provisions for projects with challenging site conditions or access restrictions
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Bill of Quantities: Itemized pricing and quantities
3. Schedule 3 - Program of Works: Detailed project timeline and milestone dates
4. Schedule 4 - Payment Schedule: Detailed payment terms, milestones, and procedures
5. Schedule 5 - Site Rules and Regulations: Specific site requirements and procedures
6. Schedule 6 - Quality Assurance Requirements: Detailed quality standards and testing requirements
7. Schedule 7 - Insurance Requirements: Specific insurance types and coverage amounts
8. Schedule 8 - Forms and Certificates: Standard forms for payments, variations, and completions
9. Appendix A - Main Contract Excerpts: Relevant portions of the main contract affecting subcontractor
10. Appendix B - Safety Procedures: Detailed safety requirements and procedures
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