• Standard form for building contract issued easily by AIAC for free
    Standard form for building contract
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    About AIAC's TEC

    Starting in 2020, the AIAC engaged technology industry players in a virtual roundtable, which led to a survey to gauge the industry’s wants and needs. As a result of these two research initiatives, the AIAC decided to launch the AIAC Technology Expert Committee (TEC) with the aim of drafting standard form contracts related to technology. As a result, the TEC was formed, and the AIAC along with the TEC Members drafted the TEC Standard Forms – Software Development Contract (TEC SFs – SDC), the draft of which was showcased at the AIAC’s ASIA ADR WEEK 2021. The final TEC SFs – SDC is now freely available to download and use.

    The purpose of the TEC is to spearhead initiatives related to ADR and the technology industry. The TEC aims to create a community in which lawyers and key players within the technology industry can discuss recent developments, brainstorm solutions to current issues, collaborate with one another on projects and disseminate information on the advancement both within ADR and the technology industry. The TEC activities will include publications of articles and white papers, creation of standard form contracts, promotional roadshows, opportunities to pitch new technology to end-users, evening talks, roundtables, discussions, seminars and workshops. 

    • Customizable and free
    • Creates unified single contract that merges both With and Without Quantities
    • Incorporates checks and balances mechanism through introduction of the Contract Administrator
    • Clearly sets out accountability between Employer and Contract Administrator
    • User-friendly platform for easy accessibility of the Contract
    • Enhances clarity of the terms used in the Contract.
    • Synchronizes the power of the arbitrators in line with the AIAC Arbitration Rules and the Arbitration Act 2005.
    • Provides adaptability to the latest tax regime.
    • Expands the protection of the interest of the relevant stakeholders.
    • Upholds party autonomy
    • Stipulates specific time periods for parties to carry out obligations under the TEC
    • Addresses bribery and corruption
    • Free of charge– AIAC TECs are uploaded on its website. Interested users may download it for free for use, and have the liberty to customize the contracts according to their specific needs.
    • Unified Contract– Users no longer have to distinguish between adopting With and Without Quantities as the AIAC 2019 TEC Building Contract are structured as a single contract.
    • Introduction of Contract Administrator– Incorporate checks and balances mechanism and empowers the responsibility vested on the Contract Administrator in the AIAC 2019 TECs.
    • Greater transparency– The AIAC TECs provide greater transparency with regard to the duties and obligations of all parties concerned, e.g. the Employer, Contractor, Nominated Sub-Contractor, Contract Administrator (2019) and Consultant, which aims to enhance trust and better working relationship between all parties.
    • Enhanced Clarity– Fill the gaps and creates a user-friendly platform to provide procedures that deals with practical contract issues during the execution of the Works through easy accessibility of the AIAC 2019 TECs. This will avoid deadlocks and ultimately promote smooth progress of the Works.
    • Latest Legislative Synchronization– AIAC 2019 TECs have taken into account the provisions of AIAC Arbitration Rules and the Arbitration Act and their effect on dispute resolution as well as power of the arbitrators. Further, the AIAC 2019 TECs allow for the adaptability of the latest tax regime.
    • Reinforces the Interest of the Parties– AIAC 2019 TECs have included provisions to cater and tend to the interest of the parties on grounds such as broadens the spectrum of the Non-Employer's events, grants the Sub-Contractor and the Supplier the right to request for Final Payment and emphasizes the consequence of contract termination.
    • Party Autonomy– AIAC 2019 TECs uphold the agreement of the parties and allows the parties to decide and create clear contractual arrangements to promote efficiency based on consideration in a case-by-case basis.
    • CIPAA Compliant– AIAC TECs have taken into account the provisions of CIPAA 2012, and their effect on contract management as well as duties and obligations of the parties in relation thereto.
    • Greater focus on continuity of projects– Enhanced provisions to prevent deadlocks and reduce conflict during, and after completion of the Works. Provides options where rights are infringed, offering greater protection for all.
    • Reinforces the Principles of Integrity– AIAC TECs have included provisions against bribery and corrupt practices, and reinforces the principles of integrity in the implementation of construction projects.

    The Suite of Contracts

    2021 TEC Standard Form

    Contract

    The 2018 Edition of AIAC’s Minor Works and Design and Build Contracts and 2019 Edition of the Standard Form of Building Contracts derive from the original 2017 editions and are reflective of the name change recently undergone by the AIAC (formerly known as KLRCA).

    While retaining the original guiding-principles set out in the original 2017 edition, AIAC’s 2018 and 2019 Editions include enhancements that add clarity, strengthen integrity, and clear any ambiguity in so far as obligations and accountability of parties are concerned.

    Click here for a summary of the new and key features of both the AIAC’s TEC 2018 and 2019 Editions.

    Each standard form contract is intended to serve as a template and can be tailored to meet your specific requirements. The AIAC assumes no responsibility or liability for any edits made to these contracts.

    All information provided therein shall not be construed as legal advice. These contracts are intended to be general in nature and cannot substitute the advice of a licensed professional.

    *If you need access to the 2018 Standard Form of Building Contracts With or Without Quantities or the 2018 Standard Form of Building Sub-Contracts please contact TEC@aiac.world.

    We want to hear from you!

    if you have any questions, comments or general feedback on AIAC’S TEC, do reach out to us here to help us better serve you.

    • AIAC, BANGUNAN SULAIMAN,
    • JALAN SULTAN HISHAMUDDIN,
    • 50000 KUALA LUMPUR, MALAYSIA

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