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Construction Development Agreement
"I need a Construction Development Agreement for a 50-story mixed-use development project in Kuala Lumpur, with special emphasis on green building requirements and a phased completion schedule starting March 2025."
1. Parties: Identification of the Developer and Contractor, including registration details and addresses
2. Background: Context of the development project, including brief description of the land and development objectives
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Works: Detailed description of construction and development works to be carried out
5. Contract Sum and Payment Terms: Agreement on pricing, payment schedule, and payment mechanisms
6. Commencement and Completion: Project timeline, completion dates, and milestone requirements
7. Contractor's Obligations: Detailed responsibilities of the contractor including quality standards, compliance requirements
8. Developer's Obligations: Responsibilities of the developer including provision of site access, permits
9. Variations: Procedures for handling changes to scope or specifications
10. Quality and Standards: Required quality levels, compliance with building codes and standards
11. Safety and Environmental Requirements: Safety protocols and environmental compliance obligations
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Defects Liability: Defects liability period and rectification obligations
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration
16. General Provisions: Standard contract clauses including notices, governing law, assignment
1. Performance Bond: Required when project value exceeds certain threshold or upon developer's requirement
2. Intellectual Property Rights: Needed when design elements or proprietary methods are involved
3. Force Majeure: Detailed force majeure provisions for high-risk or long-term projects
4. Step-In Rights: Required for large-scale projects or when project financing is involved
5. Sustainability Requirements: For green building certifications or specific environmental standards
6. Local Content Requirements: When project must comply with specific local content obligations
7. Anti-Corruption Provisions: Enhanced provisions for government-linked or high-value projects
1. Schedule 1 - Project Specifications: Detailed technical specifications and drawings
2. Schedule 2 - Site Plan and Description: Plans, surveys and details of the construction site
3. Schedule 3 - Project Timeline: Detailed construction schedule with milestones
4. Schedule 4 - Payment Schedule: Detailed breakdown of payment terms and milestone payments
5. Schedule 5 - Bill of Quantities: Itemized list of materials and quantities
6. Schedule 6 - Required Permits and Approvals: List of necessary regulatory approvals and permits
7. Schedule 7 - Quality Assurance Plan: Detailed quality control procedures and requirements
8. Schedule 8 - Form of Warranties: Template warranties for materials and workmanship
9. Schedule 9 - Insurance Requirements: Detailed insurance coverage requirements
10. Appendix A - Forms and Certificates: Standard forms for approvals, variations, and certificates
Authors
Real Estate
Construction
Infrastructure
Commercial Property
Residential Property
Industrial Development
Hospitality
Retail Development
Mixed-use Development
Urban Planning
Legal
Construction
Development
Commercial
Operations
Procurement
Risk & Compliance
Technical
Project Management
Finance
Construction Manager
Project Director
Development Manager
Contract Manager
Legal Counsel
Chief Operating Officer
Project Engineer
Commercial Director
Risk Manager
Procurement Manager
Technical Director
Construction Director
Development Director
Compliance Officer
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