Demand Letter For Construction Breach Of Contract Template for Malaysia

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Key Requirements PROMPT example:

Demand Letter For Construction Breach Of Contract

"I need a Demand Letter For Construction Breach Of Contract to address significant delays in my residential development project in Kuala Lumpur, where the contractor has fallen behind schedule by four months and is refusing to implement acceleration measures to meet the completion date of March 15, 2025."

Document background
The Demand Letter For Construction Breach Of Contract is a critical legal instrument used in Malaysian construction law when one party needs to formally address contract violations by another party. This document is typically employed when there are significant breaches such as delays, defective work, or payment defaults in construction projects. It must comply with Malaysian legal requirements, particularly the Contracts Act 1950 and CIPAA 2012, and serves as formal notice before initiating legal proceedings. The letter should detail the breach, quantify damages where possible, and specify required remedial actions with deadlines. It's often used as evidence in subsequent legal proceedings and demonstrates the initiating party's attempt to resolve the dispute formally before pursuing litigation or adjudication.
Suggested Sections

1. Sender and Recipient Details: Full legal names and addresses of both parties, including the date and reference number

2. Contract Identification: Clear identification of the construction contract in question, including date, contract number, and project details

3. Background of Contractual Relationship: Brief overview of the contractual relationship and project scope

4. Details of Breach: Specific description of how the contract has been breached, including dates and relevant events

5. Impact and Damages: Description of the losses, damages, or delays caused by the breach

6. Legal Basis: Reference to relevant contractual clauses and legal provisions that have been breached

7. Demand Statement: Clear statement of what is being demanded (payment, specific performance, or other remedies)

8. Timeline for Response: Specific deadline for response and consequences of non-compliance

9. Reservation of Rights: Statement reserving all legal rights and remedies available

Optional Sections

1. Previous Communications: Summary of previous attempts to resolve the issue, used when there has been prior correspondence

2. Statutory References: References to specific legislation like CIPAA 2012, used when invoking statutory rights

3. Alternative Dispute Resolution: Proposal for mediation or adjudication, used when seeking to avoid litigation

4. Insurance Claims: Reference to relevant insurance policies, used when the breach is covered by insurance

5. Third Party Rights: Discussion of third party interests, used when subcontractors or other stakeholders are involved

Suggested Schedules

1. Contract Documents: Copy of the relevant construction contract and any amendments

2. Breach Evidence: Photographs, reports, or other documentation evidencing the breach

3. Payment Records: Records of payments made or outstanding, relevant invoices

4. Correspondence History: Copies of relevant previous communications regarding the breach

5. Expert Reports: Technical reports or expert opinions supporting the claim

6. Calculation of Damages: Detailed breakdown of claimed damages or losses

7. Project Timeline: Schedule showing agreed milestones and actual progress

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 Industries

Construction

Real Estate Development

Infrastructure Development

Commercial Property

Residential Property

Industrial Construction

Civil Engineering

Architecture

Project Management

Public Works

Relevant Teams

Legal

Project Management

Operations

Construction

Commercial

Contract Administration

Risk Management

Claims Management

Executive Leadership

Site Operations

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Project Director

Site Supervisor

Quantity Surveyor

Construction Director

Claims Manager

Risk Manager

Commercial Manager

Operations Director

Managing Director

Chief Executive Officer

Legal 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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