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Buyer Builder Agreement Template for Malaysia

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Key Requirements PROMPT example:

Buyer Builder Agreement

"I need a Buyer Builder Agreement for the construction of a three-story residential property in Penang, Malaysia, with construction to commence in March 2025 and strict completion deadline of December 2025, including provisions for local heritage area requirements."

Document background
The Buyer Builder Agreement is a crucial legal document used in Malaysia when engaging a builder or construction company for building works. This agreement is essential for both residential and commercial construction projects, providing a detailed framework for the construction process while ensuring compliance with Malaysian construction laws and regulations. The document incorporates requirements from various Malaysian legislative frameworks, including the Housing Development Act 1966 and CIDB regulations. It is particularly important as it protects both parties' interests by clearly defining the scope of work, payment terms, quality standards, and dispute resolution mechanisms. The agreement is structured to accommodate various scales of construction projects, from individual homes to commercial developments, and includes provisions for local building codes, permits, and certifications specific to Malaysian jurisdictions.
Suggested Sections

1. Parties: Identification and details of the Buyer and the Builder, including registration/license numbers

2. Background: Context of the agreement, including property details and purpose of construction

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Works: Detailed description of construction works to be performed

5. Contract Sum and Payment Terms: Total contract value, payment schedule, and payment conditions

6. Commencement and Completion: Project timeline, start date, completion date, and provisions for extensions

7. Builder's Obligations: Key responsibilities and warranties provided by the builder

8. Buyer's Obligations: Key responsibilities of the buyer, including site access and payments

9. Variations: Process for requesting, approving, and executing changes to the scope of work

10. Quality and Standards: Construction standards, materials quality, and compliance requirements

11. Inspections and Certifications: Stages of inspection, approval processes, and certification requirements

12. Defects Liability: Defects liability period, rectification process, and warranties

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

14. Default and Termination: Events of default, remedies, and termination procedures

15. Dispute Resolution: Process for resolving disputes, including mediation and arbitration

16. General Provisions: Standard legal provisions including notices, governing law, and assignment

Optional Sections

1. Environmental Requirements: Specific environmental obligations and compliance requirements for environmentally sensitive projects

2. Heritage Considerations: Special provisions for construction involving heritage buildings or sites

3. Security of Payment: Additional payment security measures for high-value projects

4. Performance Bond: Requirements for performance bonds in larger commercial projects

5. Provisional Sums: Allocation and handling of provisional sums for uncertain aspects of the work

6. Subcontracting: Provisions governing the appointment and management of subcontractors

7. Intellectual Property: Protection of designs, plans, and other intellectual property when custom designs are involved

Suggested Schedules

1. Schedule 1 - Construction Plans and Specifications: Detailed architectural and engineering drawings, technical specifications

2. Schedule 2 - Bill of Quantities: Itemized list of materials, quantities, and prices

3. Schedule 3 - Construction Timeline: Detailed project schedule with milestones and critical paths

4. Schedule 4 - Payment Schedule: Detailed breakdown of payment stages and amounts

5. Schedule 5 - Permits and Approvals: List of required permits, approvals, and certificates

6. Schedule 6 - Material Specifications: Detailed specifications for materials to be used

7. Schedule 7 - Special Conditions: Any special requirements or conditions specific to the project

8. Appendix A - Site Plan: Detailed plan showing construction site boundaries and access

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

10. Appendix C - Builder's Licenses and Certifications: Copies of builder's relevant licenses and certifications

Authors

Alex Denne

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

Relevant legal definitions



























Clauses

























Relevant Industries

Construction

Real Estate

Property Development

Residential Construction

Commercial Construction

Industrial Construction

Infrastructure Development

Architecture and Design

Relevant Teams

Legal

Construction

Project Management

Procurement

Quality Control

Property Development

Contracts Administration

Risk Management

Technical Services

Operations

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Building Surveyor

Quantity Surveyor

Architect

Civil Engineer

Construction Site Supervisor

Procurement Manager

Quality Control Manager

Development Director

Real Estate Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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