AN AGREEMENT made the day and year stated in Section 1 of the First Schedule hereto Between the party whose name and description are stated in Section 2 of the First Schedule hereto (hereinafter referred to as “the Employer”) and the party who name and description are stated in Section 3 of the First Schedule hereto (hereinafter referred to as “the Contractor”) of the other part.
WHEREAS
A. By a Sale and Purchase Agreement made on the date stated in Section 4 of the First Schedule hereto (hereinafter referred to as called “the Sale and Purchase Agreement”) between [Company Name] (Company No. ), a company incorporated in Malaysia and having its registered office at [Address] and its place of business at [Address] (hereinafter referred to as “the Vendor”) of the first part and the Employer of the Second part, the Employer has purchased all the piece of land with vacant possession distinguished and described in Section 5 of the First Schedule hereto (hereinafter referred to as “the said Land”) and upon the terms and conditions contained therein.
B. By the Sale and Purchase Agreement, the Vendor as agreed to grant the Employer right access to construct a semi-detached house / bungalow building (hereinafter referred to as “the Building”) on the said Land the descriptions/specifications and building plans (hereinafter referred to as “the Plans”) of which are annexed as the Second Schedule herein within twenty four (24) months from the date of delivery of vacant possession of the said Land. Upon completion of construction of the Building, the Vendor shall proceed to apply for strata title for the Building, and undertake to transfer the strata title subject to all conditions expressed or implied in the document of strata title when issued to the Employer upon issuance thereof subject to the terms and condition contained.
C. The Employer is desirous of appointing the Contractor to construct and complete the Building and to undertake to construct the Basic Infrastructure and Common Facilities as set out in the Fourth Schedule hereto (hereinafter referred to as “the Works”) and Contractor is willing to accept such appointment subject to the terms and conditions set out in this agreement.
NOW IT IS HEREBY AGREED as follows :-
1.1 The Employer hereby appoint the Contractor to execute and complete the Works and the Contract or hereby accept such appointment at the Contract Sum stated in Clause 2.
2. CONTRACT SUM
2.1 The Employer shall pay to the Contractor the sum stated in the Section 6 of the First Schedule (hereinafter referred to as “the Contract Sum”) which shall include all cost of materials or goods, construction cost and any other costs incurred in relation to the Works payable at the times and in the manner prescribed in the Third Schedule and such others sums as shall become payable as the result of variations to be determined in accordance with this Agreement.
2.2 Every notice referred to in the Third Schedule requesting for payment shall be supported by a certificate by the Architect in charge to be appointed in accordance with Clause 6 herein and every such certificate so signed shall be proof that the works therein referred to have been completed.
3. TIME ESSENCE OF CONTRACT
3.1 Time shall be the essence of the contract in relation to all provisions of this Agreement.
4. INTEREST ON LATE PAYMENTS
4.1 Without prejudice to the Contractor’s rights prescribed herein, if any of the instalments set out in the Third Schedule hereto shall be unpaid by the Employer at the expiration of the said period of fourteen (14) days, interest on such unpaid instalment or instalments shall commence immediately thereafter and be payable by the Employer at the rate of ten per centum (10%) per annum calculated on daily basis.
5. LOANS
5.1 If the Employer is desirous of obtaining a loan to finance the payment of the Contract Sum of the said Land the Employer shall within fourteen (14) days after receipt of a stamped copy of the Agreement make a written application to a bank finance company building society or other financial institution (hereinafter called “the Financier”) for a loan to assist the Employer to pay for the Contract Sum (hereinafter called “the Loan”) and if the Loan is granted by the Financier the Employer shall within such time stipulated by the Financier execute all necessary forms and documents and pay all fees legal costs and stamp duty in respect thereof.
5.2 The Employer shall utilize the whole of the loan towards payment of the Contract Sum at the times and in the manner set out in the Third Schedule hereto.
5.3 If the Employer fails to accept the Loan or defaults in complying with the necessary requirements for the application or does not qualify for a Loan or is unable to obtain the Loan for any reason whatsoever as a result of which the Loan is not granted or withdrawn by the Financier, as the case may be, the Employer shall then be liable to pay to the Contractor the whole of the Contract Sum or such part thereof as shall then remain outstanding in accordance with the schedule of payments.
5.4 In the event that the Employer is not able to obtain the Loan, the Contractor shall not in any way whatsoever be liable to the Employer for any loss damage cost or expense whatsoever and howsoever arising or incurred and such failure to obtain the Loan shall not be a ground for any delay by the Employer in the payment or for any non-payment of the Contract Sum or any part thereof on due dates of any of the installments of the Contract Sum set out in the Third Schedule hereto.
6. CONTRACTOR’S OBLIGATIONS
6.1 The Contractor undertakes to carry out and complete the Works in accordance with this Agreement, the Drawings plans and the specifications as set out in the Fourth Schedule.
6.2 The Contractor shall be responsible for the ultimate construction of a dwelling house (“the Building”) on the said Land in accordance with the Drawing/ Building Plan as annexed herein under the Second Schedule, the construction of the basic and internal infrastructure serving the Development and the Building and hand-over the same to the Employer ready for connection of water and electricity supplies and other amenities for the Building. After the handing over of the Building, the Contractor shall be responsible to liaise with the surveyor appointed by the Vendor and supply the said Surveyor with such information including the approval building plan, the built up area of the building as to facilitate the application of the strata title by the said Surveyor.
6.3 The Employer acknowledges that the Drawings of the Building selected by the Employer have/have not been approved by the Relevant Authority and may be subject to any modifications amendments or variations thereto as may be required by the Relevant Authority and or the Architect and or the Contractor.
6.4 In the event the Drawings have not been approved by the Relevant Authority as at date of this Agreement, this Agreement shall be conditional upon the approval of the Drawings of the Building by the Relevant Authority. In the event approval of the Drawings of the Building are not obtained upon handing over of vacant possession of the said Land to the Contractor a reasonable extension of time as determined by the Architect whose decision shall be final, conclusive and binding on the parties in which event the Completion Date shall be extended shall be considered as Extended Completion Date.
6.5 If the said approval is obtained but subject to any modifications and/ or variations or conditions imposed by the Relevant Authority, the same shall be deemed approved and accept by the Employer provided that if the modifications or variations are so substantial as to significantly alter the built-up area and design of the Building, the parties may mutually terminate this Agreement. In the event of dispute as to whether the modifications or variations are substantial, the same shall be decided by the Architect action as an expert and not and not an arbitrator and whose decision shall be final, conclusive and binding upon the parties.
6.6 In the event the modifications or variations or conditions imposed by the Relevant Authority requires additional works, expenses or materials, the Contractor shall be entitled to additional payments for compliance with modifications or variations and conditions imposed, such additional payments shall be decided by the Architect whose decisions shall be final, conclusive and binding and shall be paid by the Employer within fourteen (14) days after receipt by the Employer of the Contractor’s written notice requesting for payment of the same.
6.7 The Contractors shall be responsible for the appointment and shall at its own cost and expenses engage the services of an architect (hereinafter referred to as “the Architect”) a structural engineer and (as may be appropriate) other specialist advisers or consultants (hereinafter collectively referred to as “the Professional Team”) in connection with the Works after due enquiry as their reputation, competence and suitability.
6.8 The Contractor shall require as a condition of engagement of the Professional Team that he maintains Professional Indemnity Coverage both during the execution and after the completion of the Works in relation to his obligation and duties sufficient to satisfy proper claims whether in contract or in tort.
6.9 As soon as the Vendor handed vacant possession of the said Land to the Employer in accordance with the Sale and Purchase Agreement, the Employer shall be deemed to have delivered possession of the said Land to the Contractor for the purpose of the Works and shall be referred to in Agreement as the Commencement Date. Notwithstanding the above or anything stated to the contrary, the Contractor may with the consent of the Vendor enter the said Land prior to the Commencement Date to view the said Land and to carry out the Works. Upon such delivery of vacant possession, the Contractor shall have exclusive free and uninterrupted possession of and access to the said Land to execute the Works in accordance with this Agreement and the Contractor may erect the necessary hoarding in and around the said Land, if deem fit.
6.10 The Contractor shall undertake together with other consultant engaged by other purchasers within the same development to construct or cause to be constructed basic infrastructure serving the Development including the access road, main drains, main culverts, water mains and sewerage plants and the common facilities as provided in the Layout Plan as annexed in the Second Schedule herein and also to construct or cause to be constructed infrastructure including the roads, driveways, drains, culverts, water mains and sewerage plants serving the Building connecting to the main infrastructure provided by the Vendor in accordance with the requirements and standards of the Appropriate Authority and lay or cause to be laid all necessary water, electricity and sewerage mains, gas piping (if any) and internal telephone trunking and cabling (if any) to serve the Building and at its own cost and expense undertake to apply for the building to be ready for connection of internal water, electricity, sanitary and gas installations (if any) of the Building to the water, electricity and sewerage mains of the Appropriate Authority.
6.11 The Contractor shall at its own cost and expenses apply for and use all reasonable endeavour to obtain all requisite consents. approvals, licenses, certificates and permits in respect of the Works in accordance with the Plans to satisfaction of the Architect.
6.12 The Contractor shall at all times proceed diligently with the Works and shall comply with all instructions given by the Architect.
7.1 The Contractor shall commence the Works upon handing over of vacant possession of the said Land by the Vendor and the approval for commencement of works is obtained from the Relevant Authority (if necessary) or any time at the discretion of the Contractor prior to the handing over of vacant possession of the said Land by the Vendor if so agreed to by the Vendor (hereinafter referred to as “the commencement date”)
8. STATUTORY REQUIREMENTS
8.1 The Contractor shall in relation to the Building to be erected conform to the provisions and requirements of any written law for the time being in force affecting the execution of the Works and shall keep the Employer indemnified against all fines, penalties or losses incurred by reason of any breach of the provisions.
8.2 The Contractor shall give all notices required by the said written laws and shall pay all fees and charges legally payable.
9.1 The building shall be constructed in a good and workmanlike manner in accordance with the plans approved by the Appropriate Authorities and to the satisfaction of the Architect. The Contractor shall be responsible for the proper and efficient execution of the Works according to the true intent and meaning of the Plans.
10. COMPLETION DATE AND MANNER OF COMPLETION
10.1 The Completion of the Building and Works shall be achieved within TWENTY FOUR (24) calendar months from the commencement date of the Works.
10.2 The manner of completion of construction work provided in this Agreement shall be upon the
issuance of a certificate by Contractor’s Architect/Engineer certifying that the construction of the building has been duly completed.
10.3 Should the Contractor fail to achieve the Completion of the Building and the Works within the time stipulated in Clause 10.1 above or within any extended time, the Contractor shall immediately pay to the Employer liquidated damages to be calculated from day to day at the rate of ten per centum (10%) per annum of the Contract Sum paid to the Contractor for the period during which the Works remain or have remained uncompleted.
11. MANNER OF DELIVERY OF VACANT POSSESSION
11.1 Upon the issuance of the Certificate by the Architect as stated in Clause 10.2 and the Employer having paid all monies payable in accordance with the Third Schedule and all other monies due under this Agreement and the Employer having performed and observed all the terms and covenants on his part under this Agreement, the Contractor shall deliver to the Employer vacant possession of the Building.
PROVIDED THAT such possession shall not give the Employer the right to occupy and the Employer shall not occupy the Building until such time as the Certificate of Fitness for Occupation for the Building is issued and the Employer hereby irrevocably undertake not to carry out or cause to be carried out any renovation or variation to the Building until the issuance of the certificate of fitness for occupation.
11.2 Upon the expiry of fourteen (14) days from the date of a notice from the Contractor requesting the Employer to take possession or occupation of the Building, the Employer shall be deemed to have taken delivery of vacant possession.
12. INSURANCE
12.1 The Works, including all works executed and all unfixed materials and goods delivered to and intended for the Works, shall as regards loss or damage be at the risk of the Contractor until Completion and delivery of vacant possession.
12.2 The Contractor shall take all reasonable precautions to prevent loss or damage from fire and other risks on the said Land and to minimize the amount of any such loss or damage.
12.3 The Contractor shall take out a contractor all risks insurance policy in respect of Works for their full reinstatement value.
12.4 After any inspection required by the insurance in respect of any claim under the insurance the Contractor shall with due diligence restore or replace work or materials or goods damaged and dispose of any debris and proceed with and complete the Works.
13. EMPLOYER’S COVENANTS
13.1 The Employer hereby irrevocable undertake to carry out the following:-
(i) To appoint the Contractor to construct and complete the Building in accordance with the Drawings which has been inspected and accepted by the Employer together with the other Works as agreed in the Fourth Schedule herein. Unless substantial amendments required significantly alter the original Drawings as mentioned in Clause 6.4 herein, the Employer shall allow the Contractor to submit the Drawings to obtain the approval of the Relevant Authority and in the event of such amendments and changes are required by the Relevant Authority, the Architect shall be allowed to amend the same at his absolute discretion Provided such amendments required be communicated to the Employer.
(ii) The Employer shall be responsible to pay to the Vendor the Construction Deposit of such sum as may be required by the Vendor to enable the Contractor to commence the Works on the said Land.
(iii) Upon confirming of the Drawings and Specifications herein and the execution of this Agreement and the appointment of the Contractor herein, the Employer shall not be entitled to raise any objection or intervene in the appointment or giving instruction to the Professional Team and or to the enter the Site and give directions to the Contractors and/ or the Contractor’s workmen or sub-contractors on the said Land or elsewhere relating to the Works or any part thereof.
(iv) The Employer shall not carry out or cause to be carried out any variations to the Building and description therein or any alternation or addition to the Building or install or cause to be installed any fixtures or fittings therein which would involve the amendment of the approved Building Plan or the submission of further plans without the prior written consent of the Contractor after the completion of the Building and before the issuance of relevant Certificate of Fitness for Occupation and Strata Tile in order to avoid complication in issuance of Certificate of Fitness for Occupation and Strata Tile.
(v) Notwithstanding Clause 13.1 (iv) above, in the event of any complication in issuance of Certificate of Fitness for Occupation and Strata Title, the Employer shall in his own volition repair and make good all the alterations or addition or variations to the Building by the Contractor at its own cost and expense within thirty (30) days of its having received written notice thereof from the Vendor.
(vi) The Employer shall indemnity and keep indemnified the contractor against all actions, proceeding, claims, costs expenses and demands in the event of any complication in issuance of Certificate of Fitness for Occupation and Strata Title.
(vii) The Employer shall be liable for the deposits for the installations of water, electricity and telephone service prior to or after the issuance of Certificate of Fitness for Occupation.
14. POWER OF ATTORNEY
14.1 In consideration of the Contractor agreeing to enter into this Agreement and to facilitate the
construction of the Building, the Employer irrevocably nominates and appoints the Contractor as Attorney and/ or any person or persons appointed by the Attorney from time to time to do carry out or execute all or any of the following acts and deeds and ratify and confirm all whatsoever the Attorney as the Employer’s lawful attorney in this building by virtue of these presents:
14.2 To execute sign initial and do anything that is necessary in the name of the Employer for the presentation or submission for approval of building plans or any other plans in accordance with the requirements of all and any governmental authorities or quasi government authorities for the construction of the Building;
14.3 To attend to the submission of the relevant plans as well as approval of the building plans and other matters relating to the construction of the Building;
14.4 To make application to the proper authority or authorities for other application to facilitate the construction of the Building;
14.5 To appear before any governmental authorities or quasi governmental authorities in respect of the construction of the Building.
15. DELAY AND EXTENSION OF TIME
15.1 Should the progress of the Works be delayed by any of the following causes or conditions, namely:-
(i) by a suspension of the Works in accordance with Clause 16 herein;
(ii) by inclement weather or conditions resulting from inclement weather;
(iii) by consequence of proceedings taken or threatened by, or disputes with, adjoining or neighbouring owners or residents;
(iv) by reason of any civil commotion, or combination of workmen or strike lockouts affecting the Works or any of the trades employed upon the Works or affecting the manufacture or supply of materials for the Works;
(v) any act, default or omission on the part of the Employer;
(vi) delay on the part of the Relevant Authority in granting or issuing of any necessary consent or approval;
(vii) Force Majeure or by any other matter, including but not limited to acts of God, strikes, lockouts, riots, civil commotion, general chaos, inclement weather, loss or damage by fire, flood or tempest, landslides or slips, shortage of material or labour, amendments to the existing by-laws, regulations ordinance or statute or any other circumstances of whatsoever nature beyond the control of the Contractor;
(viii) On account of stop work order given by the Relevant Authority due to any reasons including that the Site hygiene of health or safety matters;
Then in any case the Contractor shall within a reasonable time notify the Architect in writing of the same and shall thereupon be entitled to a fair and reasonable extension of time provided for the completion of the Works as determined by the Architect. Any such notification shall state the cause and extent of the delay.
15.2 In the event of any dispute arising out of this clause, the parties hereto hereby agree to submit to the arbitration by the Architect whose decision shall be final, conclusive and binding upon the parties hereto;
15.3 If pursuant to Clause 15.1 or 15.2 herein, the Architect is of the opinion that the time provided for the completion of Works shall be extended, the Completion Date shall be extended by the period of extension as specified by the Architect.
15.4 The Contract Sum shall be adjusted by the addition thereto of any amount necessary as the result of any extension of time which the Contractor is entitled pursuant to this clause and the rate for such additional amounts shall be determined by the Architect whose decision shall be final, conclusive and binding.
16. SUSPENSION OF WORK
16.1 Should the Employer fail to pay or cause to be paid any instalment in the manner and within the period specified in the Third Schedule or in the event there is no period specified within fourteen (14) days of its becoming due or commit any other breach of this Agreement the Contractor may without prejudice to his right to determine this employment under this Agreement suspend the Works. If he does so suspend the Works he shall promptly give notice of such suspension within twenty-eight (28) days of the progress payment being made or the breach being remedied and Completion Date shall be extended by the period equivalent to the number of days during which the Works were so suspended.
17.1 If the Employer : –
(a) fails to pay any instalments payable under Clause 2 in accordance with the Third Schedule hereto or any part thereof or any interest payable under Clause 4 hereof for any period in excess of fourteen (14) days after its due date; or
(b) fails to pay other sum or sums payable under this Agreement within the time stipulated for payment for any period in excess of fourteen (14) days after its due date; or
(c) commits or threatens to commit any breach of the terms and conditions contained in this Agreement or fails to perform or observe all or any of the Employer’s covenants herein contained; or
(e) before payment in full of the purchase price of the said Land, commits an act of bankruptcy or enters into any composition or arrangement with his creditors or, being a company, enters into liquidation, whether compulsory or voluntary;
thereafter neither party hereto shall have any further claim against the other for costs damages compensation or otherwise hereunder.
17.3 Until all monies owing to the Contractor has been fully paid by the Employer the Employer shall pay to the Contractor liquidated damages to be calculated from day to day at the rate of ten per centum (10%) per annum on such outstanding sum.
18. DEFAULTS BY CONTRACTOR
18.1 Subject to clause 17 herein, if the Contractor shall make default in any of the following respect, namely:-
(a) if the Contractor become bankrupt or makes an assignment of his estate for the benefit of his creditors or make a composition or other arrangement with his creditors or it being a company it shall go into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction); or
(b) if the Contractor fails to proceed with the Works with due diligence or in a competent manner as decided by the Architect; or
(c) if without reasonable cause the Contractor wholly suspends the carrying out of the Works for continuously more than twelve (12) months before Completion; or
(d) if he refuses or persistently neglects:-
(i) to comply with the work description and the Contractor covenants as agreed herein; or
(ii) to remove or remedy defective work or improper materials so that by the refusal or persistently neglect the Works are materially affected; or
(e) if the Contractor intimates that the Contractor is unable or unwilling to complete the Works or the Contractor abandons the said Land for more than twelve (12) months;
AND if the Contractor shall continue that default for thirty (30) days after notice in writing has been given to the Contractor by the Architect specifying the default THEN the Employer may without prejudice to any rights or remedies, by notice determine the employment of the Contractor under this Agreement.
18.2 In the event that the Employer determines the employment of the Contractor under the provisions of Clause 18.1, the Employer may thereupon engage another Contractor approved by the Vendor to carry out the Works.
19. DEFECTS LIABILITY PERIOD
19.1 Any defects, shrinkage and other faults in the Building which shall become apparent within a period of Eighteen (18) calendar months after the date of issuance of the Certificate of Fitness for Occupation and which are due to defective workmanship or materials or the Building not having been constructed in accordance with the plans and description as specified in the Fourth and Fifth Schedule as approved or amended by the Appropriate Authority but not the defects, shrinkage or other faults arising from the renovation, if any done by the Employer in his own volition, shall be repaired and made good by the Contractor at its own cost and expenses within thirty (30) days of its having received written notice thereof from the Employer and if the said defect, shrinkage or other faults in the Building have not been made good by the Contractor, the Employer shall be entitled to recover from the Contractor the costs of repairing and making good the same PROVIDED THAT the Employer shall, at any time after the expiry of the said period of thirty (30) days, notify the Contractor of the costs of repairing and make good the said defects, shrinkage or other faults before the commencement of the work and shall give the Contractor an opportunity to carry out the works himself within fourteen (14) days from the date the Employer has notified the Contractor of his intention to carry out the said works.
19.2 In the event of any dispute arising as to whether any defect falls within the scope of this Clause and as to whether the Contractor is bound to make good the same, the decision of the Contractor’s Architect/Engineer shall be final and conclusive and binding on the parties hereto
20. RESTRICTION AGAINST ASSIGNMENT BY EMPLOYER
20.1 Neither party to this Agreement shall assign this Agreement prior to the delivery of the vacant possession.
20.2 The Contractor may sub-contract any portion of the works but such sub-contracting shall not relieve the Contract from any of his liabilities or obligation under this Agreement.
20.3 The Employer hereby covenants and undertakes with the Contractor that in the event of any sale or transfer or assignment of the said Land from the Employer to a subsequent Employer, the Employer shall ensure and make it a condition of sale or transfer or assignment that the subsequent Employer shall likewise covenant and undertake with the Contractor to be bound by the covenants and conditions contained herein. In the event that the Employer shall fail to do so, then without prejudice to the Contractor’s right to injunctive relief in respect of the said Employer’s failure, the Employer shall indemnify and keep indemnified that Contractor against all damages losses claims and expenses which the Contractor may incur by reason of the Employer’s failure to fulfill his obligations herein.
20.4 The Employer hereby agrees, declares and acknowledges that the Employer’s covenants and undertakings contained in Clause 15 hereinabove shall remain in full force notwithstanding that a separate document of title to the said Land shall have been issued or the transfer thereof shall have been effected in favour of the Employer.
20.5 For the purpose of this Clause, the Contractor shall be entitled to lodge a caveat against the separate document of title to the said Land or the master title from which it is derived, as the case may be, ensure compliance by the Employer of the Employer’s obligations under this Clause and the Employer hereby expressly consents to the lodgement of such caveat.
21 COSTS
21.1 The stamp duty and registration fees (if any) for this Agreement shall be borne and paid by the Employer but each party shall bear its own solicitor’s costs.
22 GOVERNING LAW
22.1 The constructions, validity and performance of this Agreement shall be governed in all respects by Malaysian Law.
22.2 The Court of Malaysia shall have jurisdiction to settle any dispute which may arise between the parties in respect of the construction validity or performance of this Agreement or as to the rights and liabilities of the parties hereunder and the parties hereby agree that in the event of any action in respect of this Agreement being begun the process by which it is begun may be served on them in accordance with the provision of this Agreement.
23.1 If any of the provisions of this Agreement is found by a Court or other competent authority to be void or unenforceable such provision shall be deemed to be deleted from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect.
24. NOTICES
24.1 Any notice required to be given under this Agreement shall be delivered in writing or sent by telex or facsimile transmission or registered post to the address of the addressee as stated in the First Schedule hereto or any other address as last notified in writing by such party and shall be deemed to have been given on the date of the telex or facsimile transmission or at the time when such registered letter would in the ordinary course be delivered.
25.1 In this Agreement, unless the context otherwise requires :-
25.1.1 “the Appropriate Authorities” means any governmental, semi or quasi-government(s), statutory departments, agencies or bodies and/or local or state authorities for the time being authorised under written law in force in West Malaysia to approve building plans, or matters related to the Works;
25.1.2 “the Employer” includes his heirs, personal representatives, successors in title and permitted assigns;
25.1.3 “the Contractor” includes its successors in title and permitted assigns;
25.1.4 Words importing the singular meaning where the context so admits include the plural meaning and vice versa;
25.1.5 Words of the masculine gender shall include the feminine and neuter genders and words denoting natural persons include corporations and firms and all such words shall be construed interchangeably;
25.1.6 The clause and paragraph headings in this Agreement are for ease of reference only and shall not be taken into account in the construction or interpretation of the clause schedule or paragraph to which they refer;
25.1.8 Words denoting an obligation by a party to do an act matter or thing include an obligation to procure that it be done and words placing a party under a restriction include an obligation not to permit an infringement of the restriction;
25.1.10 Any reference to “writing” or cognate expressions includes a reference to telex cable facsimile transmission or comparable means of communication;
25.1.11 Any reference to a provision of statute shall be construed as a reference as amended re-enacted or extended at the relevant time;
25.1.12 Any agreement notice consent approval disclosure or communication under or pursuant to this Agreement shall be in writing.
26. SUCCESSORS AND ASSIGNS
26.1 This Agreement shall endure for the benefit of and be binding on the respective heirs, personal representatives, successors in title and permitted assigns of the parties hereto.
27.1 If the performance of this Agreement or any obligation under it is prevented restricted or interfered with by reason of circumstances beyond the reasonable control of the party obliged to perform it, the party so affected, upon giving notice to the other party, shall be excused from performance to the extent of the prevention restriction or interference but the party so affected, shall use its best efforts to avoid or remove such causes of non-performance and shall continue performance under this Agreement with the utmost dispatch whenever such causes are removed or diminished.
27.2 More particularly and without limiting the generality of the effect of Clause 27.1, in the event the Contractor is prevented, restricted or interfered with to perform its obligations under this Agreement by the Appropriate Authorities, the Contractor shall upon giving notice to the Employer be excused from performance to the extent of the prevention, restriction or interference subject to the payment by the Employer of the reasonable value of the Works completed at the date of the said notice.
28. SCHEDULES
28.1 The First, Second and Third Schedules hereto shall from part of this Agreement and shall be read, taken and construed as an essential part of this Agreement.
29. ARBITRATION
29.1 Any dispute in connection with the rights of the parties to this Agreement or any other matter whatsoever arising therefrom shall be referred to a single arbitrator to be agreed upon by the parties failing which two arbitrators shall be appointed, one by the employer and the other by the Contractor.
30. WAIVER, FORBEARANCE AND VARIATION
30.1 Knowledge or acquiescence by either party hereof of any breach of any of the conditions or covenants herein contained shall not operate as or be deemed to be waiver of such conditions or covenants or any of them and notwithstanding such knowledge or acquiescence each party hereto shall be entitled to exercise their respective rights under this Agreement and to require strict performance by the other of the terms and conditions herein.
30.2 This Agreement shall not be varied or cancelled, unless such variation or cancellation shall be expressly agreed in writing by each party.
~@~@~@~@~@~@~@~@~@~@~@~
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year as stated in Section 1 of the First Schedule hereto.
SIGNED by the abovenamed EMPLOYER )
In the presence of:- )
)
) …………………………………….. [Name]
………………………………………
[Name]
For the Employer which is a company
SIGNED by )
for and on behalf of the EMPLOYER )
in the presence of:- )
SIGNED by )
for and on behalf of the CONTRACTOR )
in the presence of :- )
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Section No. Item Particulars
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1. The date of this Agreement
——————————————————————————————————————————-
2. Name and description of
the Employer
——————————————————————————————————————————-
3. Name and description of
Contractor
———————————————————————————————————————————-
4. The date of the Sale and
Purchase Agreement
———————————————————————————————————————————-
5. Particulars of the
said Land
———————————————————————————————————————————-
6. Contract Sum ———————————-
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SECOND SCHEDULE
( a copy of the following plans attached )
- Floor Plans of the building
- Front, Side and Back Elevation Plan of the building.
THIRD SCHEDULE
Instalments Payable % Amount
(RM)
1. Immediately upon signing of this Agreement 10
2. Within fourteen (14) days after posting to the
Employer of the Contractor’s written notice of
the completion of :-
(a) the earthworks of the Building 10
(b) the piling / footing works of the
Building 10
(c) the work below ground of the Building 15
(d) the reinforce concrete frame work
of the Building 15
(e) the walls of the Building with
doors and windows frames placed
in position of the Building 10
(f) the roofing of the Building 5
(g) the electrical wiring, plumbing
(without fittings) and
internal telephone trunking 5
(h) internal plastering of the
Building 5
(i) external plastering of the
building 5
(j) road and drainage work serving the Building 5
3. Upon the completion of the above construction work
of the building as certified by the Architect/ Engineer 5
———— ——————
Total 100
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FOURTH SCHEDULE
(which shall be read and construed as an essential part of this Agreement)
___________________________________________________________________________
THE WORKS
1. To construct a building within the said Land in accordance with the following Building Specifications:
As annexed herein (Appendix 1)
2. To undertake that the following Basic Infrastructure and Common Facilities are ready before handing over of vacant possession:
BASIC INFRASTRUCTURE
Access roads leading to the said Land
Main drains
Main culverts
Water and electricity supply mains
Telephone trunking to the boundary of the said Land
COMMON FACILITIES
Community Hall
Children’s playground
Guard House
External Perimeter Fencing
Internal Street Lighting
BUILDING SPECIFICATION
(Appendix 1)
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STRUCTURE Reinforced Concrete
WALL Brickwall with plastering
ROOFING Concrete roofing tiles
CEILING Asbestos free ceiling board to top floor/Skim coat to slab soffit
WINDOWS Aluminium/ framed windows galzed with glass
DOORS Main Door Decorative solid timber door
Others Plywoods flush door/ PVC door
LOCKS Quality lock sets
PAINTING Internal area Quality emulsion paint
External area Quality weather resistant paint
FLOORING Quality Ceramic tiles – Internal Area
WALL FINISHES Bathroom Quality titles to 7 feet height
Kitchen Quality titles to 5 feet height
ELECTICAL INSTALLATION |
2 storey Semi-detached |
Bungalow | |
| I | Ceiling fan point | 2 | 3 |
| II | Lighting point | 22 | 31 |
| III | 13 amp power point | 14 | 17 |
| IV | TV point | 2 | 4 |
| V | Telephone point | 2 | 4 |
| VI | 15 amp power point (A-Con) | 2 | 3 |
| VII | 15 amp power point (Heater) | 2 | 3 |
| SANITARY & PLUMBING |
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| I | Shower Point | 3 | 4 |
| II | Pedestal WC | 3 | 4 |
| III | Basin | 4 | 5 |
