Cost And Fee Contract Template for Malaysia

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Key Requirements PROMPT example:

Cost And Fee Contract

"I need a Cost And Fee Contract for a large-scale industrial automation project in Penang, with a 15% fixed fee structure and special provisions for technology licensing, to commence in March 2025."

Document background
The Cost And Fee Contract is essential for projects or services where exact costs cannot be predetermined or where flexibility is required in project execution under Malaysian jurisdiction. This contract type is commonly used in complex projects, professional services, or situations where scope may evolve during execution. It provides a framework for reimbursing actual costs plus a predetermined fee, while incorporating necessary controls and reporting mechanisms to ensure transparency and accountability. The agreement must comply with Malaysian contract law and relevant industry regulations, making it suitable for both domestic and international parties operating within Malaysia. The document includes detailed provisions for cost classification, fee calculation methods, payment procedures, and project management requirements, while addressing specific Malaysian legal and regulatory considerations.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between parties, and brief description of the project or services

3. Definitions: Detailed definitions of key terms including 'Costs', 'Fees', 'Reimbursable Expenses', and other contract-specific terminology

4. Scope of Services: Detailed description of services to be provided, including deliverables and performance standards

5. Cost Components: Definition and breakdown of allowable costs, including direct costs, overhead, and other reimbursable expenses

6. Fee Structure: Calculation method for fees, including percentage rates, fixed fees, or combination thereof

7. Payment Terms: Payment schedule, invoicing requirements, and payment processing procedures

8. Cost Control and Reporting: Procedures for cost monitoring, reporting requirements, and budget control measures

9. Client Obligations: Responsibilities and obligations of the client, including provision of information and timely approval processes

10. Contractor Obligations: Responsibilities and obligations of the contractor, including record-keeping and reporting requirements

11. Quality Standards: Required quality standards, compliance requirements, and quality control procedures

12. Term and Termination: Duration of the contract, renewal terms, and termination provisions

13. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions

14. General Provisions: Standard contract clauses including governing law, notices, and assignment rights

Optional Sections

1. Performance Incentives: Optional provisions for performance bonuses or incentive payments based on achieving specific targets

2. Maximum Price Guarantee: Optional cap on total costs or guaranteed maximum price provisions

3. Value Engineering: Procedures for identifying and implementing cost-saving measures during project execution

4. Acceleration Provisions: Terms governing acceleration of work and associated cost implications

5. Foreign Currency Provisions: Required when contract involves payments in multiple currencies or international parties

6. Force Majeure: Detailed provisions for handling unforeseen circumstances, particularly relevant for long-term or high-risk projects

7. Insurance Requirements: Detailed insurance obligations beyond standard requirements, particularly for high-value projects

8. Environmental Compliance: Special provisions for environmental standards and compliance, necessary for environmentally sensitive projects

Suggested Schedules

1. Schedule A - Scope of Work: Detailed breakdown of services, deliverables, and work packages

2. Schedule B - Fee Calculation: Detailed methodology for calculating fees, including rates and multipliers

3. Schedule C - Allowable Costs: Comprehensive list of reimbursable and non-reimbursable costs

4. Schedule D - Key Personnel: List of key personnel, their roles, and rates

5. Schedule E - Project Schedule: Timeline, milestones, and delivery dates

6. Schedule F - Required Reports: Templates and requirements for cost reporting and progress reports

7. Schedule G - Rate Schedule: Detailed breakdown of labor rates, overhead rates, and other cost components

8. Appendix 1 - Cost Control Procedures: Detailed procedures for cost monitoring and control

9. Appendix 2 - Quality Control Plan: Quality management procedures and requirements

10. Appendix 3 - Forms and Templates: Standard forms for invoicing, change orders, and progress reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Construction

Engineering

Professional Services

Consulting

Infrastructure Development

Manufacturing

Oil and Gas

Technology Implementation

Research and Development

Industrial Projects

Relevant Teams

Legal

Finance

Procurement

Operations

Project Management

Commercial

Risk and Compliance

Engineering

Cost Control

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Commercial Manager

Legal Counsel

Finance Director

Cost Controller

Quantity Surveyor

Procurement Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Project Engineer

Construction Manager

Technical Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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