Engineering Procurement And Construction Agreement Template for Malaysia

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Key Requirements PROMPT example:

Engineering Procurement And Construction Agreement

"I need an Engineering Procurement And Construction Agreement for a 50MW solar power plant project in Johor, Malaysia, with construction scheduled to commence in March 2025, including specific provisions for renewable energy requirements and local content rules."

Document background
The Engineering Procurement And Construction Agreement is a crucial document for major capital projects in Malaysia, typically used for complex industrial, infrastructure, or energy facilities where single-point responsibility is required. This agreement type is particularly relevant when the project owner (Employer) wants to transfer the majority of project risks to a single contractor who takes full responsibility for design, procurement, and construction through to completion. The document must comply with Malaysian laws including the Street, Drainage and Building Act 1974, Registration of Engineers Act 1967, and relevant environmental regulations. It includes comprehensive technical specifications, commercial terms, performance guarantees, and project execution requirements while incorporating local content requirements and industry standards. This agreement type is commonly used in sectors such as power generation, oil and gas, and infrastructure development where project complexity demands detailed risk allocation and performance requirements.
Suggested Sections

1. Parties: Identification and details of the contracting parties including Employer and Contractor

2. Background: Project context, purpose, and basic understanding between parties

3. Definitions and Interpretation: Detailed definitions of terms used and rules for contract interpretation

4. Scope of Work: Detailed description of engineering, procurement, and construction obligations

5. Contract Price and Payment: Price structure, payment terms, milestones, and invoicing procedures

6. Project Schedule: Timeline, key milestones, completion dates, and delay consequences

7. Contractor Obligations: Detailed responsibilities including permits, materials, workmanship standards

8. Employer Obligations: Responsibilities including site access, approvals, and information provision

9. Quality and Standards: Required quality levels, testing procedures, and applicable standards

10. Changes and Variations: Procedures for handling changes to scope, price, or schedule

11. Testing and Completion: Commissioning procedures, acceptance tests, and completion certificates

12. Defects Liability: Warranty period, remedial obligations, and defect correction procedures

13. Risk and Insurance: Risk allocation and required insurance coverage

14. Force Majeure: Definition of force majeure events and consequences

15. Termination: Grounds for termination and consequences

16. Disputes Resolution: Procedures for resolving disputes including arbitration

17. Governing Law: Malaysian law as governing law and jurisdiction provisions

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, used for high-value projects

2. Intellectual Property: IP rights and licenses, important for projects involving proprietary technology

3. Environmental Compliance: Specific environmental obligations, needed for environmentally sensitive projects

4. Local Content Requirements: Malaysian content requirements, relevant for government or regulated projects

5. Interface Management: Procedures for managing multiple contractors, needed for complex projects

6. Training and Technology Transfer: Requirements for training employer's personnel, relevant for specialized facilities

7. Spare Parts and Maintenance: Long-term maintenance obligations, important for operational facilities

8. Step-in Rights: Employer's right to take over work, relevant for critical infrastructure projects

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed technical specifications and scope breakdown

2. Schedule 2 - Project Schedule: Detailed timeline with all milestones and critical paths

3. Schedule 3 - Price Schedule: Detailed pricing breakdown and payment milestones

4. Schedule 4 - Site Information: Site details, conditions, and access requirements

5. Schedule 5 - Testing and Commissioning: Detailed testing procedures and acceptance criteria

6. Schedule 6 - Forms of Certificates: Templates for various certificates including completion certificates

7. Schedule 7 - Key Personnel: List of key personnel and their responsibilities

8. Schedule 8 - Forms of Securities: Templates for bonds and guarantees

9. Schedule 9 - Insurance Requirements: Detailed insurance specifications

10. Schedule 10 - HSE Requirements: Health, safety, and environmental requirements

11. Appendix A - Technical Specifications: Detailed technical requirements and standards

12. Appendix B - Drawings: Project drawings and designs

13. Appendix C - Permits and Licenses: List of required permits and responsible parties

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

Oil and Gas

Power Generation

Renewable Energy

Chemical and Petrochemical

Infrastructure Development

Industrial Manufacturing

Mining and Resources

Water Treatment

Waste Management

Transportation Infrastructure

Data Centers

Healthcare Facilities

Relevant Teams

Legal

Engineering

Procurement

Construction

Commercial

Finance

Risk Management

Project Controls

Quality Assurance

Health Safety Environment

Operations

Technical Services

Contract Administration

Relevant Roles

Project Director

Contract Manager

Engineering Manager

Procurement Manager

Construction Manager

Legal Counsel

Commercial Director

Technical Director

Risk Manager

Finance Director

Project Controls Manager

Quality Assurance Manager

HSE Manager

Operations Director

Chief Executive Officer

Chief Financial Officer

Project Sponsor

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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