The Project Delivery Agreement is a crucial document used in Malaysian business and construction contexts when a client engages a contractor to deliver a specific project. This agreement type is particularly relevant for complex projects requiring detailed scope definition, milestone-based deliverables, and clear risk allocation. It operates within the Malaysian legal framework, incorporating requirements from the Contracts Act 1950, CIPAA 2012, and various industry-specific regulations. The document typically includes comprehensive provisions for project execution, quality standards, payment mechanisms, and dispute resolution, making it suitable for both public and private sector projects. The agreement's structure allows for customization based on project size, complexity, and specific industry requirements while maintaining compliance with Malaysian law.
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1. Parties: Identification and details of the contracting parties including the project owner and contractor
2. Background: Context of the agreement, project overview, and basis for the contractual relationship
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement
4. Scope of Works: Detailed description of the project works, deliverables, and requirements
5. Contract Price and Payment Terms: Project costs, payment schedule, and payment mechanisms
6. Timeline and Project Schedule: Project milestones, completion dates, and delivery schedule
7. Contractor's Obligations: Key responsibilities and obligations of the contractor
8. Client's Obligations: Key responsibilities and obligations of the project owner
9. Variations and Changes: Procedures for handling changes to scope, specifications, or requirements
10. Quality and Standards: Required quality standards, inspections, and acceptance criteria
11. Health, Safety and Environment: HSE requirements and compliance obligations
12. Risk Allocation and Insurance: Distribution of risks and required insurance coverage
13. Warranties and Defects Liability: Warranty terms and defect rectification obligations
14. Force Majeure: Provisions for handling unforeseen circumstances and their impact
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Mechanisms for resolving disputes between parties
17. General Provisions: Standard contractual provisions including notices, governing law, and entire agreement
1. Performance Security: Requirements for performance bonds or guarantees, used for high-value projects
2. Intellectual Property Rights: IP ownership and licenses, included when project involves significant IP
3. Confidentiality: Protection of confidential information, used when sensitive information is involved
4. Local Content Requirements: Local sourcing obligations, included for projects with local content requirements
5. Interface Management: Coordination with other contractors, used for complex projects with multiple contractors
6. Environmental Management: Detailed environmental obligations, for projects with significant environmental impact
7. Training and Knowledge Transfer: Requirements for training client's personnel, used when knowledge transfer is required
8. Step-in Rights: Client's right to take over works, used for critical infrastructure projects
1. Schedule 1 - Scope of Works: Detailed technical specifications and requirements
2. Schedule 2 - Project Timeline: Detailed project schedule with milestones and deadlines
3. Schedule 3 - Payment Schedule: Breakdown of payments, milestone payments, and payment terms
4. Schedule 4 - Key Personnel: List of key project team members and their roles
5. Schedule 5 - Equipment and Resources: List of required equipment and resources for the project
6. Schedule 6 - Forms and Procedures: Standard forms for variations, certificates, and other project documents
7. Schedule 7 - Technical Standards: Applicable technical standards and specifications
8. Schedule 8 - Testing and Commissioning: Requirements and procedures for testing and commissioning
9. Schedule 9 - HSE Requirements: Detailed health, safety, and environmental requirements
10. Appendix A - Site Information: Details of the project site and conditions
11. Appendix B - Permits and Approvals: List of required permits and responsible parties
12. Appendix C - Insurance Requirements: Detailed insurance requirements and coverage limits
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