This is updated on 23rd August 2006 Wednesday by KT. Fair Copies.
BUILDING AGREEMENT
AN AGREEMENT made this day of 20
BETWEEN
Our Company : [Company Name]
(Company No. )
[Insert Address]
(hereinafter referred to as “the Builder”) of the one part;
AND
Client : [Company Name]
(Company No. )
[Insert Address]
And/or Site address: [Insert Address]
(hereinafter referred to as “the Owner”) of the other part.
TERMS AND CONDITIONS
The following are the terms and conditions of the above matter: –
1. The owner has agreed to engage the Builder has agreed to build for the Owner in accordance with the specification, building plans and drawings (hereinafter called “the said Plans”) attached. The house will be built at the following area (hereinafter referred to as “the said Land”)
2. The total price of the house will be RINGGIT MALAYSIA [Insert Amount]
3. Built up area of
*Ground Floor 942sq.ft
? 1st Floor 542sq.ft
4. Payment shall be made progressively as per schedule below:
• Cheque should be crossed and made payable to
5. The following duties and obligations are to be observed by the builder at all times:
DUTIES AND OBLIGATIONS OF THE BUILDER
(a) To supply, deliver, assemble and complete the said house on or before the deadline
(b) To ensure the said house is set up according to the agreed and approved plan
6. The following duties and obligations are to be observed by the Owner at all times:
DUTIES AND OBLIGATIONS OF THE OWNER
(a) To ensure total completion of land infrastructure work
(b) To provide storage space at site for total materials
(c) To provide sufficient water and electricity supply during work in progress
(d) To bear any additional cost on extra work required Payment shall be made progressively as per schedule below:
NO. INSTALLMENT PAYABLE AMOUNT
(e) A lead time of 120 days is required from the date of receipt of deposit.
(f) To bear any additional cost on extra work required
(g) To provide accommodation to the 5 people of workers during the project period.
(c) Defects Liability Period The warranty / defects liability period shall be 6 months from the date of completion.
Ensure that any defects, shrinkage or other faults in each of the Buildings which shall become apparent within a period of Six (6) months from the Completion Date relating to each of the Buildings and which are due to defective workmanship or materials or such of the Buildings not having been constructed in accordance with the Building Plans or the Specifications, shall be repaired and made good by the Contractor at its own costs and expense within thirty (30) days of receipt of written notice thereof from the Contractor and if such defects, shrinkage or other faults in such of the Buildings have not been made good by the Contractor, the Developer shall be entitled to carry out such repairs and to recover from the Contractor the cost of repairing and making good the same; not necessary , should be completion date
(j) DEFAULT & TERMINATION
Events of Default
Each of the following events shall constitute an event of default of each of the Parties severally, namely, if:
(1) default be made in payment of any moneys payable under the provisions hereof or relating to this Agreement;
(2) a Party commits any breach of or omits to observe any of the conditions, obligations, undertakings or covenants under this Agreement;
(3) a petition shall be presented (except when such petition is contested by the such party with bona fides) or an order be made or a resolution be passed for winding up of a Party except that this event shall not apply if the resolution is passed for a voluntary winding-up of the Party for the purpose of reorganization thereof with the prior written consent of the other;
(4) a receiver and/or manager of a Party’s undertaking or property or any part thereof pursuant to any agreement or charge shall be appointed;
(5) a distress or execution or other process of a Court of competent jurisdiction be levied upon or issued (except in the case where an appeal is pending and a stay of execution has been obtained) against any property of a Party such distress execution or other process as the case may be is not satisfied by the Party within seven (7) days from the date thereof;
(6) a Party shall have failed to satisfy any judgment passed against that Party issued out of a Court of competent jurisdiction and no appeal against such judgment has been made to any appropriate appellate Court in Malaysia within the time prescribed by law;
(7) in the case of the Contractor, the Contractor without reasonable cause:-
(8) fails to commence work on the Housing Development within seven (7) days from the respective Commencement Date;
(9) suspends any material part of the work on the Housing Development for a period of fourteen (14) days . In this context “suspension of any material part of the works” shall include suspension of any part of the works as shall retard the progress of the works; or
(10) abandons work on the Housing Development;
and fails to remedy such breach within a period of fourteen (14) days or such further period as may be agreed to by the Developer after receipt of notice in writing from the Developer requiring such breach to be remedied. For the purpose of this sub-section, it is hereby agreed by the parties hereto that it shall be deemed to be reasonable cause should the Developer fail to comply with its obligation under Clause 6.1(b) and 6.1(d) above.
Default by Developer
Upon the happening of any of the Events of Default aforesaid in Clause 8.1 attributable to the Developer the Contactor shall be entitled at its election by notice in writing to the Developer to (i) claim for specific performance of this Agreement and damages or (ii) terminate this Agreement whereupon the following consequences shall ensure:
(1) the Security Deposit shall be refunded by the Developer to the Contractor free of interest within fourteen (14) days of receipt of the aforesaid notice; and
(2) the Contractor shall be entitled to recover such damages which the Contractor may have suffered.
INSPECTION OF WORKS
Grant and/or cause to be granted access to the Developer or its agents to the site office at all reasonable times to inspect all plans, drawings, reports, documents and records relating to the Buildings and the Housing Development and access to the building sites of the Housing Development and all structures of the Housing Development to inspect the works in progress and to report thereon to the Developer;
DUTIES AND OBLIGATIONS OF THE BUILDER
(a) To supply, deliver, assemble and complete the said house on or before the deadline
(b) To ensure the said house is set up according to the agreed and approved plan.
(c) The warranty / defects liability period shall be 6 months from the date of completion.
The following duties and obligations are to be observed by the Owner at all times:
DUTIES AND OBLIGATIONS OF THE OWNER
(h) To ensure total completion of land infrastructure work
(i) To provide storage space at site for total materials
(j) To provide sufficient water and electricity supply during work in progress
(k) To bear any additional cost on extra work required
(l) To provide accommodation to the 5 people of workers during the project period.
SPECIFICATIONS
House Type : 1 ½ Storey
Name: Sateenkaari
Price : [Insert Amount]
7. Built up area and Specification of the said house
Ground Floor (960sf) , 1st Floor (560sf), total built up area 1,520sf.
Foundation : concrete foundation
Wall : 5½ inch round log (pine)
Roofing : Concrete roof tiles
Ceiling : Pine wood planks
Floor Finishes : Solid pine wood planks
Painting :
Electrical Installation : Lighting point – 15 nos.
Power point – 12 nos.
Fan point –
TV Point –
Toilet : Brickwall with ceramic tiles
*1st flr – 160sf Basin – 3 nos.
* grd flr – 80sf x 2 Jacuzzi – 1 no.
Water closet – 3 nos.
8. Price quoted excludes of legal submission and applications.
9. The following duties and obligations are to be observed by the builder at all times:
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.
SIGNED BY THE BUILDER
In the presence of: –
…………………………………………..
SIGNED BY THE OWNER
In the presence of: –
…………………………………………..
ATTACHMENTS
SPECIFICATION
SPECIFICATIONS
(Attached)
THE HOUSE PLAN
HOUSE PLAN DULY APPROVED
(Attached)
