The Construction Project Management Contract is essential for construction projects in Malaysia where professional project management services are required to ensure successful project delivery. This document is typically used when a client or developer needs to engage a dedicated project management consultant to oversee and coordinate all aspects of a construction project. The contract incorporates requirements from Malaysian legislation, including the Construction Industry Development Board Act 1994, Contracts Act 1950, and the Construction Industry Payment and Adjudication Act 2012. It provides comprehensive coverage of project management services, from pre-construction planning through to project completion and handover, while ensuring compliance with local regulatory requirements and industry standards. The document is structured to protect both parties' interests while facilitating efficient project delivery within the Malaysian construction industry framework.
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1. Parties: Identification and details of the Client and the Project Management Consultant
2. Background: Context of the agreement, project overview, and basis for engagement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the contract
4. Appointment and Scope of Services: Formal appointment and detailed scope of project management services
5. Project Manager's Obligations: Core duties, responsibilities, and standard of care expected
6. Client's Obligations: Client's responsibilities, including provision of information and approvals
7. Project Timeline: Project phases, milestones, and completion dates
8. Fees and Payment Terms: Fee structure, payment schedule, and invoicing procedures
9. Personnel and Resources: Key personnel commitments, staffing requirements, and resource allocation
10. Reporting and Communications: Reporting requirements, meetings, and communication protocols
11. Variations and Changes: Procedures for handling changes to scope, timeline, or fees
12. Risk Management: Risk allocation, insurance requirements, and mitigation strategies
13. Intellectual Property: Ownership and usage rights of project documents and materials
14. Confidentiality: Protection and handling of confidential information
15. Liability and Indemnification: Limitation of liability and indemnification provisions
16. Termination: Grounds and procedures for contract termination
17. Dispute Resolution: Procedures for resolving disputes, including arbitration
18. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Performance Bonds: Required when specific performance guarantees are needed for the project
2. Environmental Management: For projects with significant environmental impact considerations
3. Quality Assurance: Detailed quality management requirements for complex projects
4. Value Engineering: For projects requiring cost optimization and alternative solutions
5. BIM Requirements: For projects utilizing Building Information Modeling
6. Local Content Requirements: When project must comply with local content or bumiputera participation requirements
7. Multiple Phase Provisions: For projects delivered in distinct phases requiring separate handling
8. Force Majeure: Detailed provisions for handling unforeseen circumstances, particularly relevant post-COVID
1. Schedule 1 - Scope of Services: Detailed breakdown of project management services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee breakdown, rates, and payment milestones
3. Schedule 3 - Project Program: Detailed project timeline, milestones, and delivery dates
4. Schedule 4 - Key Personnel: CVs and commitment levels of key project team members
5. Schedule 5 - Client's Requirements: Detailed technical and operational requirements
6. Schedule 6 - Reporting Ƶ: Standard formats for project reports and documentation
7. Schedule 7 - Communication Protocols: Detailed procedures for project communications and meetings
8. Schedule 8 - Quality Management Plan: Quality standards, procedures, and control mechanisms
9. Appendix A - Project Site Details: Site information, access requirements, and constraints
10. Appendix B - Statutory Approvals: List of required permits and approvals
11. Appendix C - Insurance Requirements: Details of required insurance coverage and limits
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