The Project Management Contract is a crucial document used when engaging professional project management services in Malaysia. It is designed to establish a clear framework for project delivery while ensuring compliance with Malaysian legislation, including the Contracts Act 1950, Employment Act 1955, and relevant industry-specific regulations. This contract type is particularly important for complex projects requiring professional project management expertise, detailed scope definition, and clear accountability structures. The document typically includes comprehensive provisions for service scope, deliverables, performance standards, risk allocation, and commercial terms, while incorporating local business practices and regulatory requirements. It serves as the primary agreement governing the relationship between the client and project management provider, ensuring clear understanding of roles, responsibilities, and expectations throughout the project lifecycle.
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1. Parties: Identification and details of the contracting parties (Client and Project Manager)
2. Background: Context of the agreement, project overview, and purpose of engaging the Project Manager
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Appointment and Term: Formal appointment of the Project Manager, contract duration, and renewal terms
5. Project Manager's Scope of Services: Detailed description of services to be provided, including core project management duties
6. Client's Obligations: Responsibilities and obligations of the Client, including provision of information and access
7. Project Timeline and Milestones: Key project dates, phases, and milestone deliverables
8. Fees and Payment Terms: Project management fees, payment schedule, and invoicing requirements
9. Performance Standards: Required standards of service, quality metrics, and performance indicators
10. Reporting and Communication: Reporting requirements, meeting schedules, and communication protocols
11. Changes and Variations: Procedures for handling changes to scope, timeline, or deliverables
12. Health and Safety: Health and safety obligations and compliance requirements
13. Insurance and Liability: Insurance requirements, liability limitations, and indemnification provisions
14. Intellectual Property: Ownership and usage rights of project-related intellectual property
15. Confidentiality: Protection and handling of confidential information
16. Termination: Grounds for termination, notice requirements, and consequences
17. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration
18. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Subcontracting: Terms for engaging and managing subcontractors - include when subcontracting is anticipated
2. Force Majeure: Provisions for handling unforeseen events - particularly relevant for long-term or high-risk projects
3. Environmental Compliance: Environmental obligations and standards - include for projects with environmental impact
4. Local Content Requirements: Local resource utilization requirements - include when project is subject to local content regulations
5. Security Requirements: Security protocols and requirements - include for projects involving sensitive information or facilities
6. Technology and Systems: Specific technology or system requirements - include when project involves particular technical platforms
7. Quality Assurance: Detailed quality management requirements - include for projects requiring specific quality standards
8. Stakeholder Management: Stakeholder engagement protocols - include for projects with significant external stakeholders
1. Schedule 1 - Scope of Services: Detailed breakdown of project management services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Project Timeline: Detailed project schedule, phases, and milestone dates
4. Schedule 4 - Key Personnel: Details of key project team members and their roles
5. Schedule 5 - Reporting Requirements: Templates and specifications for project reports
6. Schedule 6 - Client's Requirements: Detailed technical and operational requirements of the Client
7. Schedule 7 - Performance Criteria: Detailed performance metrics and evaluation criteria
8. Appendix A - Communication Protocol: Detailed communication procedures and escalation matrix
9. Appendix B - Change Request Forms: Standard forms for requesting and documenting changes
10. Appendix C - Risk Register Template: Template for tracking and managing project risks
Relevant legal definitions
Agreement
Applicable Laws
Approved Project Budget
Background Intellectual Property
Base Fee
Business Day
Change Order
Client
Client Representative
Commencement Date
Completion Date
Confidential Information
Contract Documents
Defect
Deliverables
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Milestone
Notice
Performance Standards
Project
Project Manager
Project Plan
Project Schedule
Project Site
Project Team
Quality Standards
Ringgit Malaysia
Risk Register
Scope of Services
Services
Specifications
Subcontractor
Term
Variation
Work Product
Applicable Laws
Approved Project Budget
Background Intellectual Property
Base Fee
Business Day
Change Order
Client
Client Representative
Commencement Date
Completion Date
Confidential Information
Contract Documents
Defect
Deliverables
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Milestone
Notice
Performance Standards
Project
Project Manager
Project Plan
Project Schedule
Project Site
Project Team
Quality Standards
Ringgit Malaysia
Risk Register
Scope of Services
Services
Specifications
Subcontractor
Term
Variation
Work Product
Clauses
Appointment
Scope of Services
Term
Project Manager Obligations
Client Obligations
Key Personnel
Performance Standards
Fees and Payment
Project Timeline
Reporting Requirements
Change Management
Quality Assurance
Health and Safety
Risk Management
Insurance
Liability and Indemnity
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Termination
Assignment
Subcontracting
Dispute Resolution
Notices
Governing Law
Entire Agreement
Severability
Amendments
Waiver
Scope of Services
Term
Project Manager Obligations
Client Obligations
Key Personnel
Performance Standards
Fees and Payment
Project Timeline
Reporting Requirements
Change Management
Quality Assurance
Health and Safety
Risk Management
Insurance
Liability and Indemnity
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Termination
Assignment
Subcontracting
Dispute Resolution
Notices
Governing Law
Entire Agreement
Severability
Amendments
Waiver
Relevant Industries
Construction
Infrastructure Development
Information Technology
Real Estate Development
Manufacturing
Energy
Healthcare
Education
Telecommunications
Mining and Resources
Transportation
Urban Development
Industrial Development
Research and Development
Relevant Teams
Legal
Operations
Project Management Office
Procurement
Finance
Risk Management
Commercial
Compliance
Technical Services
Quality Assurance
Business Development
Contract Administration
Relevant Roles
Project Manager
Contract Manager
Legal Counsel
Chief Executive Officer
Operations Director
Project Director
Commercial Manager
Risk Manager
Procurement Manager
Technical Director
Development Manager
Construction Manager
Program Manager
Quality Assurance Manager
Compliance Officer
Finance Director
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