BUILDING WORKS AGREEMENT -sample

THIS AGREEMENT is made on the ……day of …..200..

BETWEEN S

of ………………………………………………………….

(hereinafter called the “Employer”) of the one part;

AND O

of ………………………………………………………….

(hereinafter called the “Contractor”) of the other part.

WHEREAS:

(1) The Employer is desirous that certain Works should be

…………………………………………………………………………………

…………………………………………………………………………………
(hereinafter called the “Works”) at
…………………………………………..

…………………………………………………………………………………

…………………………………………………………………………………
and has caused Drawings, Specifications and Bills of Quantities
(if Option Module A applies) showing and describing the Works
to be executed, to be prepared by or under the direction of the
Superintending Officer.

(2) The Employer has accepted a Tender by the Contractor for the
design as provided by the Contract Documents, execution and
completion of the Works and the remedy of Defects.

NOW IT IS HEREBY AGREED AS FOLLOWS:

Article 1
In consideration of the payments to be made by the Employer to the
Contractor as hereinafter mentioned the Contractor will upon and
subject to the Contract Documents carry out the design as required by
the Contract, execute and complete the Works shown upon and
described by or referred to in the Contract Documents and remedy the
Defects in accordance with the Conditions of Contract.

Article 2
The Employer shall pay to the Contractor for the design as required by
the Contract, execution and completion of the Works and the remedy of
Defects the sum of Malaysian Ringgit:
………………………………………………………………………………………………
……………………………………………………………………….
(RM………………..)
Only or such sum as may become payable under the provisions of the
Contract (hereinafter called the “Contract Sum”) at the times and in the
manner prescribed by the Contract.

Article 3
The following Contract Documents shall be deemed to form and be read
and construed as part of the Contract:-
(1) The Articles of Agreement;
(2) The Letter of Award;
(3) The Conditions;
(4) The Addenda Nos: ……………………………………..;
(5) The Drawings;
(6) The Specifications;
(7) The Schedule of Works or Bills of Quantities (if Option Module A
applies); and
(8) Other documents (if any) stated below:
a. ……………………………………
b. ……………………………………
c. ……………………………………
d. ……………………………………

Article 4
The term “Superintending Officer” in this Contract shall mean
…………………….
……………………………………………………………………………………….

……………………………………………………………………………………….
of ……………………………………………………………………………………

……………………………………………………………………………………….
or in the event of his death or ceasing to be the Superintending Officer
for the purpose of the Contract, such other person as the Employer shall
nominate and appoint within 30 days a succeeding Superintending
Officer for that purpose. Provided that during the continuance of the
Contract the person succeeding as the Superintending Officer shall not
disregard or overrule any decision, approval or instruction given to the
Contractor in writing by his predecessor unless he is satisfied that such
action will not cause any pecuniary loss to the Contractor or unless such
action be ordered as a variation pursuant to Clause 24 of the Conditions
of the Contract.

Article 5
The term “Architect” in the Contract shall
mean………………………………………..
……………………………………………………………………………………….

……………………………………………………………………………………….
of ……………………………………………………………………………………

……………………………………………………………………………………….
or in the event of his death or ceasing to be the Architect for the purpose
of the Contract, such other person as the Employer shall nominate and
appoint within 30 days a succeeding Architect for that purpose.

Article 6
The term “Civil and Structural Engineer” in the Contract shall
mean……………
……………………………………………………………………………………….

……………………………………………………………………………………….
of ……………………………………………………………………………………

……………………………………………………………………………………….
or in the event of his death or ceasing to be the Civil and Structural
Engineer for the purpose of the Contract, such other person as the
Employer shall nominate and appoint within 30 days a succeeding Civil
and Structural Engineer for that purpose.

Article 7
The term “Mechanical and Electrical Engineer” in the Contract shall
mean……………
……………………………………………………………………………………….

……………………………………………………………………………………….
of ……………………………………………………………………………………

……………………………………………………………………………………….
or in the event of his death or ceasing to be the Mechanical and
Electrical Engineer for the purpose of the Contract, such other person as
the Employer shall nominate and appoint within 30 days a succeeding
Mechanical and Electrical Engineer for that purpose.

Article 8
The term “Quantity Surveyor” in the Contract shall mean……………
……………………………………………………………………………………….

……………………………………………………………………………………….
of ……………………………………………………………………………………

……………………………………………………………………………………….
or in the event of his death or ceasing to be the Quantity Surveyor for the
purpose of the Contract, such other person as the Employer shall
nominate and appoint within 30 days a succeeding Quantity Surveyor for
that purpose.

Article 8
The term “Specialist Consultant” in the Contract shall mean……………
(1)…………………………………………………………………………………

in the capacity of ……………………………………………………………….

of ……………………………………………………………………………………

……………………………………………………………………………………….

(2)…………………………………………………………………………………

in the capacity of ……………………………………………………………….

……………………………………………………………………………………

……………………………………………………………………………………….

(3)…………………………………………………………………………………

in the capacity of ……………………………………………………………….

of ……………………………………………………………………………………

……………………………………………………………………………………….

(4)…………………………………………………………………………………
in the capacity of ……………………………………………………………….

……………………………………………………………………………………

……………………………………………………………………………………….

or in the event of his death or ceasing to be the Specialist Consultant for

Article 10
If any dispute or difference shall arise in connection with or out of the
Contract or the execution of the Works, such dispute or difference shall
be resolved in accordance with the provisions of Clause 47 of the
Conditions of the Contract.

Article 11
In these Articles of Agreement word and expressions shall have the same
meanings as are respectively assigned to them in the Conditions of
Contract annexed hereto.

IN WITNESS WHEREOF

* The hand of the EMPLOYER has ) Signature ……………………..

Name ………………………….

Identity Card No. …………………………

* The Common Seal of …………………….was hereunto affixed in the

…………………………… ……………………………
Name Name
Director Director/Secretary*

IN WITNESS WHEREOF
* The hand of the CONTRACTOR has ) ……………………..
Been hereunto set the day and year )
First above written in the presence ) Name ………………………….
Of:- )
)
Signature of Witness ……………… ) Designation ……………………

Name ………………………….

Identity Card No. …………………………

* The Common Seal of …………………….was hereunto affixed in the

…………………………… ……………………………
Name ……………………………. Name ……………………………….
Director Director/Secretary*