Construction Agreement

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THIS AGREEMENT IS MADE on _______________(Fill in the date) Between:

Mr. _______ _______ (OWNERS NAME)


#_________________(address of the Owner)

hereinafter called the OWNER, which term shall include his assigns and
successors.

AND

Mr. ______ ________ (BUILDING CONTRACTORS NAME)


#_________________(address of the Contractor)

Herein after called the BUILDING CONTRACTOR, which term shall include his
assigns and successors.

Whereas the owners possess a plot of land bearing  #________ ______________


(address of the Site where construction will be carried out)  and are desirous
of constructing a house in the said plot of land as per the approved architects plan and the
specifications, rates and quantities, enclosed and forming part of this agreement.

NOW THIS AGREEMENT IS AS FOLLOWS:

1. The Building Contractor shall in consideration of the money to be paid in the manner set
forth below to execute and complete the works as per the plan and specifications enclosed
to the satisfaction of the Owner and his Architect 

2. This contract is on a square feet based contract. The cost per square feet of built area
is Rs. 1750 (One thousand seven hundred and fifty only) (Fill with the Cost). The square
feet shall include all built up area including balconies and utilities. Sit outs and passages
shall be charged at Rs. 200 per sft.

The total area of the building is 4004 Sft (Fill Total Area ). Therefore, 4004X1750= Rs.
70,07,000 (Rupees Seventy lakhs seven thousand only)

The total area of an entrance passage leading to the entrance on the ground floor and the
sit out on the north side is 300 Sft. 300X200 = Rs. 60,000 (Rupees sixty thousand only).

The total cost of building = Rs. 70,67,000 (Rupees seventy lakhs sixty thousand


only) (Fill the total cost of the Building) to carry out the work in respect of the entire
construction of the said building as per the architectural and structural drawings and as per
items mentioned in the schedule and signed on ________ (Fill in the date of signing).
(Any additional work is chargeable as per the mentioned rates).

3. The rates quoted in the schedule shall be for complete work in all respects and shall
include all direct, indirect and contingent costs, expenses including charges for scaffolding,
centering material and shuttering, hire for tools and machinery, transportation charges and
temporary sheds for storage of materials, labour removal of debris, etc.
4. COST ESCALATION CHARGES:

The rates in the schedule are based on the basic rates of steel and cement taken as In case
of any escalation in these basic rates corresponding downward or upward adjustments shall
be made to the contracted amount/values. No escalation in respect of any other item or
material or account shall be permitted.

5. The contractor hereby agrees to complete the work in all respects so as to make the
house fully habitable on or before ____ ___ ___ (Mention project deadline date). It is
an express stipulation that time is the essence of the contract. The contractor shall submit
the work schedule within 10 days from this date and weekly site meetings will be held to
monitor the progress.

6. The Building contractor shall be responsible solely for the compliance, expense, liability,
damages, etc., on account of the following matters, under the relevant laws, enactment’s
and the owner shall not be liable for any such compliance, expense, liability, and
damages under any circumstances.

 a) Workman’s Compensation Act, Employees State Insurance Act, Provident Fund


Act, Minimum Wages Act, and payment of Wages Act.
.
 b) Any other law relating to the workers employed in construction.
.
 c) Common-Law in respect of injuries, etc., to person and property, caused due to
and arising out of the carrying out the work under this contract.
.
 d) The Building contractor shall indemnify and keep indemnified the owner against
all losses, damages, fines, prosecutions, liabilities that may arise or accrue
against the owner from the contractor’s failure to adhere to all statutory obligations.
.

7. The Building contractor shall work in coordination with other agencies involved in


working on the building. He shall render all co-operation and assistance to them. The time
of completion shall not be extended to this account. The contractor shall set right damages
caused to the building due to the work of electrical, sanitary and water supply, contractors,
for which he shall be paid accordingly.

8. If the OWNER chooses to supply any construction materials required they shall be given
credit for the cost of such materials and the value shall be deducted out of the immediately
succeeding running bill.

9. AUTHORIZED VARIATIONS:

a) The Building contractor may when authorized in writing or which directed verbally and
later confirmed in writing by the architect with the previous consent of the owner and to or
omit from or vary the work shown and described in the schedules and the contractor shall
make no additions omissions or variations without such authority or direction.

b) The Architect may with the consent of the owner omit from or add or vary any item of
work shown and described in the schedule.
c) All authorized variations for which a rate or price may not have been previously agreed
upon shall be measured and valued by the Architect. Items, for which no such rate exists
shall be worked at actual cost to the contractor at site of work plus 15% VAT of the actual
cost provided the architect duly certifies such cost.

10. MATERIALS AND WORKMANSHIP:

a) All materials and workmanship shall be the best of the respective kind and described in
the schedules. The decision of the architect regarding the rates, quantity, and sufficiency
of materials and workmanship will be final and binding on the contractor. Specific brands
mentioned as per attached schedule.

b) The Architects shall have the power to order the removal from the works of any defective
materials or work to order substitutions of materials of work in accordance with
this agreement and the schedules.

c) Notwithstanding 12 (b) above the architect, may allow, in writing with the prior written
approval of the owner, such defective materials and/or work to remain with the consent
of the owner and shall fix such lower rates or prices as they deem fit and these shall be
binding on the contractor.

11. WATER AND POWER SUPPLY:

The owner shall arrange for temporary electrical connection, all electricity and water
charges during the course of the construction will be borne by the client.

12. DEFECTS LIABILITY PERIOD:

Any defects, leakages, shrinkage or any other faults which may appear within three
calendar months from the date of completion of the work, shall upon the direction in writing
of the architect or owner and within such reasonable time as shall be specified therein be
rectified and made good by the contractor at his own cost.

In case, of default on the part of the contractor to rectify and make good the
defects within the time specified by the Architect/Owner.

The owner may employ and pay other persons to set right such defects and faults and the
entire cost and expenses incurred thereon shall be borne by / made good by and/or be
recoverable from the contractor, from any money including retention money due or which
may become due to the civil contractor or otherwise.

13. If in the opinion of the architect the work carried out by the contractor is unsatisfactory,
or the progress is slow or it is likely that the contractor would not be able to complete the
work within the schedule, the owner shall have the right to terminate this agreement, at
the contractor’s risk by giving 15 days when have the right to award the contract to such of
the agencies as they may deem fit and any cash loss or expenses incurred on this
account, as certified by the architect will be deducted from money due to or recovered from
the contractor.
The Building contractor shall be responsible for the safe preservation and custody of all
materials at the site. He shall compensate and reimburse the owner for any loss, damages
that may arise therefrom.

14. The Owner while retaining possession of the site has only permitted the contractor
to enter upon the property for the purposes of constructing a residential house. The owner
shall be subsequently entitled at any time to freely enter upon and exercise all acts of
possession and ownership over the aforesaid residential site.

15. In case of any dispute or difference arises between the owner and the contractor,
the decision of the architect shall be binding on both the parties.

IN WITNESS WHEREOF the parties hereto have set their hands on the date mentioned
above at Bangalore.

Mr. _________ (OWNERS NAME)                             

Mr. _______________(CONTRACTORS NAME)


.
.
.  __________                                                                          _____________
CONTRACTORS                                                                                       OWNER

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