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STANDARD CONSTRUCTION CONTRACTS
IN MALAYSIA
Issues and ChallengesSTANDARD CONSTRUCTION CONTRACTS IN MALAYSIA
Issues and Challenges
BY
ON THEE CHENG
BE (Civil), LLB (Hons), MBA,
CLP, DIEM, Peng(M)
Advocate
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How to fill out standard construction contracts

Point by point guide to fill out standard construction contracts:
01
Understand the purpose: Before filling out a standard construction contract, it is essential to fully comprehend its purpose. Standard construction contracts serve as a legally binding agreement between parties involved in a construction project, outlining the terms and conditions, scope of work, payment details, and other crucial aspects.
02
Gather project information: Collect all relevant information regarding the construction project, such as project plans, specifications, timeline, budget, and any specific requirements. This information will be necessary to accurately fill out the contract.
03
Identify the parties involved: Clearly identify and include the names and contact details of all parties involved in the contract, including the owner, contractor, subcontractor(s), architect or engineer, and any other relevant stakeholders.
04
Define the scope of work: Describe in detail the scope of work to be performed, specifying the specific construction tasks, materials to be used, quality standards, and any other pertinent project details. Be precise and include as much information as possible to avoid misinterpretation or disputes.
05
Outline project timeline: Include the start and completion dates of the project, as well as any milestones or important deadlines. It is important to be realistic when setting the timeline to ensure both parties are aware and agree upon the project's duration.
06
Define payment terms: Clearly state the payment terms, including the total contract amount, payment schedule, and any relevant payment conditions (e.g., retainage, progress payments, final payment). Additionally, specify any applicable penalties for late payments or additional costs for change orders.
07
Include insurance and liability provisions: Address insurance requirements, such as general liability and workers' compensation insurance, including the minimum coverage and naming beneficiaries. Furthermore, clearly define the allocation of risks and liabilities between the parties involved to protect all parties' interests.
08
Include dispute resolution mechanisms: Consider including provisions for dispute resolution, such as mediation or arbitration, should any disagreements arise during the project. This can help resolve conflicts in a more efficient and less time-consuming manner.
09
Seek legal advice as needed: If you are unfamiliar with the terms and legal language in the contract, it is advisable to consult with a construction lawyer to ensure you understand and comply with all legal requirements. They can provide valuable guidance and make necessary adjustments to protect your interests.
Who needs standard construction contracts?
Standard construction contracts are beneficial for various parties involved in construction projects, including:
01
Owners: Standard construction contracts protect owners by clearly outlining their rights, expectations, and the scope of work agreed upon. It ensures transparency and helps prevent misunderstandings between the owner and the contractor.
02
Contractors: Contractors benefit from standard construction contracts as they provide a clear framework, helping them manage expectations, streamline the construction process, and protect their rights and liabilities throughout the project duration.
03
Subcontractors: Subcontractors are often involved in various phases of a construction project. Having a standard construction contract helps subcontractors establish their roles, responsibilities, compensation terms, and protection against non-payment or disputes.
04
Architects and Engineers: Architects and engineers may be responsible for designing or overseeing the construction project. Standard construction contracts ensure that their services are adequately documented, clarified, and compensated.
In summary, standard construction contracts provide crucial guidelines and legal protection for all parties involved in construction projects. They help avoid disputes, clarify responsibilities, and ensure the successful completion of the project.
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What is standard construction contracts?
Standard construction contracts are legal agreements that outline the obligations and responsibilities of parties involved in a construction project, including contractors, subcontractors, and clients.
Who is required to file standard construction contracts?
Typically, contractors and subcontractors are required to file standard construction contracts as part of the project documentation.
How to fill out standard construction contracts?
Standard construction contracts can be filled out by including all relevant project details, scope of work, payment terms, timelines, and any other specific agreements between the parties.
What is the purpose of standard construction contracts?
The purpose of standard construction contracts is to establish clear expectations, protect all parties involved, and provide a legal framework for the construction project.
What information must be reported on standard construction contracts?
Standard construction contracts must include details such as project scope, timelines, payment terms, change orders, warranties, and dispute resolution mechanisms.
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