The Release Of Liability For Construction Work is essential in Malaysian construction projects to manage risk and liability between various parties involved in construction activities. This document is typically used when construction work is being performed and parties wish to allocate risk and responsibility in a legally binding manner. It must comply with Malaysian legislation, including the Contracts Act 1950 and Construction Industry Development Board Act 1994, while considering non-waivable obligations under occupational safety laws. The document includes detailed descriptions of the construction work, parties involved, scope of the release, and specific exclusions required by Malaysian law. It's particularly important for projects involving multiple contractors or high-risk construction activities.
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1. Parties: Identifies and provides full details of the releasor (party giving the release) and releasee (party being released from liability)
2. Background: Explains the context of the construction work and the relationship between the parties
3. Definitions: Defines key terms used in the agreement, including specific construction-related terminology
4. Scope of Work: Describes the construction work covered by the release of liability
5. Release Terms: Details the specific liabilities being released and the extent of the release
6. Exceptions to Release: Specifies what liabilities cannot be released under Malaysian law (e.g., gross negligence, willful misconduct)
7. Representations and Warranties: Statements by both parties regarding their capacity and authority to enter into the agreement
8. Governing Law: Specifies that Malaysian law governs the agreement and its interpretation
9. Execution: Signature blocks and execution requirements for all parties
1. Insurance Requirements: Specifies insurance obligations and coverage requirements when specific insurance arrangements are part of the release
2. Indemnification: Include when one party agrees to indemnify the other for specific claims or circumstances
3. Duration of Release: Specifies a time limit for the release when it's not intended to be perpetual
4. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms
5. Third Party Rights: Include when the release needs to extend to or affect third parties
6. Severability: Include when parties want to ensure partial enforceability if some provisions are found invalid
7. Consideration: Include when there is specific consideration being provided for the release
1. Schedule A - Description of Construction Work: Detailed description of the construction work covered by the release
2. Schedule B - Project Location Details: Specific details about the construction site and project location
3. Schedule C - Known Risks and Hazards: List of identified risks and hazards associated with the construction work
4. Schedule D - Related Parties: List of additional parties covered by the release (e.g., subcontractors, employees)
5. Appendix 1 - Safety Protocols: Relevant safety procedures and protocols that must be followed
6. Appendix 2 - Insurance Certificates: Copies of relevant insurance certificates and coverage details
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Civil Engineering
Architecture
Building Materials
Property Management
Relevant Teams
Legal
Operations
Construction
Risk Management
Compliance
Procurement
Project Management
Quality Assurance
Health and Safety
Facilities Management
Relevant Roles
Construction Manager
Project Manager
Site Supervisor
Contract Administrator
Legal Counsel
Risk Manager
Safety Officer
Property Developer
Construction Director
Operations Manager
Procurement Manager
Quality Control Manager
Compliance Officer
Facilities Manager
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