Download as pdf
Download as pdf
You are on page 1of 3
BUILDING CONTRACT AGREEMENT AN AGREEMENT made the day and year stated in Section 1 of she Furst Schedule hereto Between (1) The party whose particulars are as stated in Section 2 (a) of the Frat Schedule hereto (hereinafter referred to as "he Employer’ ofthe one pat ‘And 2) The party whose particulars are as siated in Secton 3 of the First Schedule hereto (heremater refered to asthe Contractor’ of te other part WHEREAS: erecting a premise mare partculaty specified im Secton 4 of the Fst Schedule hereto (hereinafter relerted to as "the Bulding") on that pece of property more particulary speciied Section 6 of the Fast Schedule hereio (hereinatr referred fo a8 “the Fad Land) belonging, tothe person|s) more pariculary specified in Section 6 of the Fst Schedule hetelo (eremafter referred to as "he Landowner) in accordance wit the bulding plan which has been approved bythe relevant authorty more partcuarly specited in Section Fea ofthe Fist Schedule hereto (herenafer refered to as “the Approving Authority’) under «thew reference speciied im Secton 7(0) ofthe First Schedule hereto 1 The Employers desirous of 2 The Employer nat agreed to engage the Conracor and the Contacor has agreed to ‘ote an cary ut tte conto of he Guim accordance wih the approved plans She specications nich hasbeen approved by the Aprovng Ahoy sujet the ems 3rd contra rerenater contained pre NowrinuenenysanceD eaters west, EAE by 1. The Contractor fr the consideration hereinatersfentoned (hereinafter refered to as “the Contract Pree") shal a hieits own costs and expenses g/ect and bul the Bulsing forthe Employer inva substantal and workmante manner on the Said Land in accordance wth the approved plans [nd specications 3s approved by the Approving Aulhgfy and subject o the drectons and approval (ofthe appointed Consultant Mis (eremnafer refertod to 2s the Consuttant’) forthe te being employed by the Employer to superise and cer the works Gone by the Contractor No changes therelo or devistons therefrom shall be made without the Consent ofthe Employer in wnting except such as may be requred by the Approving Authoriy or such ‘bs may be certified 28 necessary by the Consultant. The Employer shall nat be fable for the cost of ‘Sich changes or devatons and inte event thatthe charges or deviatons involve the substtution or Use of cheaper or inferior materials oF the omission of works orginally agreed tobe carted out by the Contractor. the Employer shal Be eniled to a coresponding reducton inthe Contract Price or 10 damages in respect tereot In the event of any dispute the decision of the Consultant as to the fedueton inthe Goniract Pnce or damages shal be final and accepted by the partes hereto, 2. The buldng plans ts details drawings and specifications shall be and remain the property of the Employer but during the progress of the construction the same shal be in the custody of the Contractor who shal elver them tothe Employer when the contract shall have been performed, (8) any cause which in the opinion of the archtect is beyond the control of the Contactr: {he Consutant shal grant such extension of ime forthe completion of the constructon of the Bulding 88 appear to him o be reasonable 13. Inthe event that any payments due tothe Contractor isnot paid within fourteen (14) days of 8 becoming due ie 14 days afer rece ofthe nace of payment fest on such unpatd us shat ‘commence immediately athe rate of en pe centum (1%) unt such payments made, such neest tobe calculated ona day basis 14 tthe Contractor shat comm an act of bankrupt or being a limited company is subject tO winding-up proceedings (whether voluntary or compulsory) of #f execution be levied aganst the Contractor ors propery pursuant o a judgement debt or ifthe Contractor stops work without any just reasonable cause or pesisenty breaches ary ofthe terms ofthis Agreement, the Employer shal be entitled to terminate his Agreement and engage another contractor to complete the construction of ‘he Building, Any losses sufferes by the Employer shall be made good by the Contractor 15. The Contractor shal at hits wn costs and expenses at al times during the progress ofthe constuction Keep the Bulding ineuted against damage by fre and riots in the joint name of the Employer and te Contactor with a reputable surance company tothe full vale ofthe Busing and ‘hall uhen $0 requested by the Employer andr architect produce the same forthe ther inspection, 16. The Contactor shal also at hisits own costs and expenses take out an insurance poty with 2 reputable insurance company to cover any person injury, death or lability to persons including the Contractors workers and agents and damage to propertes caused by the consvucton and shal indemmy and Keep the Employer ndemniiea against all such clams ring out of of occasioned by the neglect mpertect or improper performance ofthe contract. 17, Ary defect, srinkage o¢ other faults in the Bulking which shall become apparent within 2 peti of twenty four (24) months afer the delivery of the Buling to the Employer and which are due fo defective workmanship oF materials othe Building not having been consructed in accordance with the approved buidng plan and specications shall be repaited and make good by the Contractor at hisits own costs and expense within ane (7) month of the Cerractor having received writen notice thereo! om the Employer and ifthe said defects, shonkage or other faults have not been, made good by the Contactr, the Employer shall be entiled to recover rom Contractor the cost of making good the, same and the Employer may deduct such cost and expense from any retenton sum wiveh has ‘been hela by the Employer PROVIDED thatthe Employer shal at anytime afte the expty ofthe said period of one (1) month, nity the Conractor of the cost of repaiing and making good the said (elect, shrinkage of other fais before the commencement of the repait works and shal ie the Contactor an opportunity to carry out the repair works win fourteen (14) days from the date the Employer has noted the Conracor of his intertion to cary out the repair works 18, __ Any notice, requestor demand required tobe served by eter party hereto tothe ther under this Agreement shall be in wating and gent by the party or his Solitore by registered post acdressed to the other party atthe address stated in ts Agreement and the notice shal be deemed to have been sufficiently served thee (3) days afer such posting whether or not he letr is retuned tothe sender PROVIDED that a simlarIetr shall also be sent simuitaneously wih the registred letter by Stents ot posins Mar vy, Dauner] (ohare 10, _The tap ty ana cS respct of is Aree sha be bore by he Employer in al respects. 20, This Agreement shall be binding upon the personal representatives, els, successors and ‘assigns of the respecve pares hereto and ether party shall be a limited company shal be Binding upon is suecessore-vtite an assigns. ihe res ofthis page is intentionally et lank] 10 " Date of Completion of Buling Penaty for ate delwery Contact Price oe 1 nersaten . ec teemees (oe ie nt Co ) per day of * Xo Ringgit Malaysia Ringgit Malaysia FIVE HUNDRED AND TEN THOUSAND (RM510,000-00) only

You might also like