Construction Agreement - Highlighted 19.5.2020
Construction Agreement - Highlighted 19.5.2020
Construction Agreement - Highlighted 19.5.2020
THIS CONSTRUCTION AGREEMENT is entered into and executed on this the 25th
day of January ,Two Thousand Twenty (25.01.2020) at Coimbatore, by and
between,
Mrs. Shaanthini V, W/o Mr. ………………………… aged about ……….. years & , Mr.
Venugopal……, S/o Mr. ………………………… aged about ……….. years Residing
at…………………………………………………………………………………. Coimbatore-
…………...
WHEREAS, the FIRST PARTY herein is the owner in possession and enjoyment of
forming part of Survey Number ……………., situated in ………………, at Door
No……………….., Coimbatore ………., in the Layout known as “……………….”,
and totally measuring ………….Cents,which is more fully described in the schedule
hereunder and hereinafter called the “Schedule Property
Whereas, pursuant to the mutual discussion, certain terms and conditions have
been agreed to between the parties herein, which are reduced into writing for the
sake of clarity, definiteness and for being acted upon.
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NOW THIS AGREEMENT WITNESSETH:
1. The mutually agreed specifications for the House that shall be as taken by the
first party, constructed by the second party on behalf of the first party shall be
as per the plan sanctioned by the ………………….. There shall not be any
deviation from the specifications agreed to hereunder by the second party
without the consent of the first party. In case of any changes/ modifications/
other facilities than the one agreed to in Annexure-I, the first party shall make
their wish in writing to the second party, which shall be carried out by the
second party at the additional cost of the first party.
2. Towards the cost of construction, the first party has agreed to pay to the second
party the sum of Rs. 48,28,000/- (Forty Eight Lakhs Twenty Eight Thousand
Only.) exclusive of GST. The said amount is for the construction of the entire
house as agreed to as per plan annexed at Annexure-II with the specifications
shown in Annexure-I.
3. The first party shall pay the agreed cost of construction Rs. 48,28,000/- (Forty
Eight Lakhs Twenty Eight Thousand Only.) exclusive of GST.
On Agreement : 20%
On Completion of Plinth : 10%
On Completion of Lintel : 10%
On Completion of Ground Floor Roof : 20%
On Completion of Inside Plastering : 15%
On Completion of Outside Plastering : 15%
On Completion of Flooring : 8%
On Hand Over : 2%
4. The first party hereby irrevocably permits and authorizes the second party to
hold the schedule property to develop the same by constructing a residential
house for him/ her/there by duly obtaining the sanctioned plan. The first party
shall not revoke the permission so granted, till completion of the entire house
with the plan and the specifications agreed to in Annexure-I and II as the
agency created herein is one coupled with interest in so far as the second party
constructing a residential house in the schedule property, except in case of
material breach as defined in subsequent clause.
5. The first party hereby unequivocally agrees not to interfere or interrupt in the
course of construction on the schedule property and / or commit any act or
omission having the effect of delaying or stopping the work that has to be done
under this Agreement. However first party can carry out periodic inspection and
notify to second party for any deviation from agreed specification.
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6. The first party hereby irrevocably undertakes that they shall not withdraw from
the package of constructing Independent House as per the plan and
specification annexed hereto by the second party, in any event, which condition
is binding on him, his, their heirs, legal representatives and persons
representing or acting under him.
8. The entire cost (Excluding architects fee and charges/ fee, if any) for
constructing the residential house as per the plan on the schedule property has
been included in the agreed total cost of Rs. 48,28,000/- (Forty Eight Lakhs
Twenty Eight Thousand Only.) exclusive of GST.
10.The term agreed to for completion of the entire construction on the schedule
property by the second party is Twelve Months and One Month grace period
from the date of signing of this contract, as shown in the clause-3 supra,
subject to the condition that the First Party or their Bank which has sanctioned
loan shall arrange for payment of the installments within specified date/s as
shown in Clause-3.
11.The second party shall keep the First party fully indemnified and harmless,
against any loss or liability, cost or claim, action or proceedings that may arise
against the First Party on account of any delay caused at the instance of
making the payment of installments or release of loan installment from the
Bank from the first party arranged for loan as agreed supra. First party shall
arrange for milestone payment as per this agreement within 2 weeks of receipt
of written notification along with necessary documentation. In case of such
delay in disbursal of the loan installment from the Bank on behalf of the first
party or payment of installment as agreed to in Clause-3 supra by the first
party, there shall be corresponding delay in completing the construction of the
Independent House, which condition has been agreed to by the first party for
the construction process & completion.
12.It has been mutually agreed between the first party and the second party, that if
there is any escalation or price rise with respect to the construction materials
such as Steel, Cement, Sand and such other related construction items, in such
case the First Party has agreed to pay the excess amount incurred by the
Second Party towards the construction of the Residential Building over the
Schedule Property.
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13.If the First Party fails to pay the agreed amount at regular intervals in such case
the First Party shall pay interest at the prevailing Market Rate for the entire
amount incurred by the Second Party towards the construction of the
Residential Building until the date of default in payment by the First Party.
14.The first party shall sign and execute necessary applications, papers,
documents and do all acts, deeds and things as the second party may lawfully
require in order to obtain license, sanction plan, etc.,
15.If the completion of the Independent House as per the plan sanctioned is
delayed by reason of force major or circumstances beyond the reasonable
control of the second party or because of any notice or order of the Government.
The second party shall be entitled to reasonable extension of time in the delivery
of possession of the Independent House and for this purpose the consent of the
First party shall not be necessary, however first party will be informed within
1week of such incidence/occurrence.
17.First Party will carry out periodic inspection to check compliance to agreed
specifications. In case of discrepancy same will be notified to second party
designated project in charge for rectification. Final inspection will be carried out
before possession and all defects / specs discrepancy will be rectified within one
month.
18.In case of any dispute or differences arises out of the contractual obligations
arising out of the contract entered into herein, the same shall be referred to
Coimbatore Civil Jurisdiction.
SCHEDULE PROPERTY
(Proposed House to be constructed)
All the piece and parcel of Survey No………….. situated in …………… in the Layout known
as………………….and totally measuring to an extent of …………. Cents, with a built
up area of 282840 sq. feet. bounded by:
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WITNESSES:
1. FIRST PARTY
2.SECOND PARTY
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PRILIMINARY SPECIFICATION FOR RESIDENCE BUILDING.
EARTH WORK EXCAVATION:
Foundation trenches, for all clauses of soil including cutting, shoring, strutting, excluding
dewatering etc.
RR FOUNDATION WORK:
60cm x 60cm fitting and packing of rubble with available soil.
RCC STAIRS:
Providing & laying controlled reinforced cement concrete as per standard
structural and architectural specification using 20MM downsized aggregates at
any depth or heights including all formworks, centering, shuttering, scaffolding,
compacting with vibrators, curing & hacking the exposed surfaces wherever
required. Concrete mix shall be of M20 (1:1½:3) grade.
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PLINTH HEIGHT:
Plinth height of maximum 3’0” from existing ground level.
FLOOR HEIGHT:
Floor to floor clear height of maximum 10’0”.
Reinforcement steel shall be 4.0 kg/ sft, if any additional to this it will be borne by client.
Providing, fabricating and fixing steel reinforcement, deformed bars of Fe500 grade and
confirming to IS of any diameter for all type of R.C.C works, straightening, cut to length,
bend to shape required including cranking bending spirally or hooping providing spacers/
chairs, and binding with mild steel wires (annealed) not less than 0.90mm diameter so that
placing and ramming of concrete will not displace it, including cost of all labours, materials,
etc. (Steel reinforcement shall be arranged by the contractor).
BRICK WORK:
PLASTERING:
CEILING PLASTERING:
Plastering 12mm thick on ceiling and other RCC members in cement mortar 1:4(1 cement 4
coarse sand) finishing to an even and smooth surface without using extra cement including
cost of labours, materials, scaffolding, hacking & curing.
EXTERNAL PLASTERING:
Plastering 20mm thick on external block / concrete surfaces in cement mortar 1:5 (1 cement 5
Coarse sand) finishing to an even and smooth surface without using extra cement including
cost of all labours, materials, scaffolding,hacking & curing.
MAIN DOORS:
Frames of teak wood 6” X 4” and 30mm thick shutter for main doors with Godrej or Europa
lock or equivalent ISI brands and necessary SS fittings.
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Lock price Rs.1600/- considered.
OTHER DOORS:
Frames of hard wood 4” X 3” and 30mm thick shutter for room doors and waterproof flush
shutter for bath room doors with ISI brands and necessary powder coated fittings.
WINDOWS:
Providing and fixing standard UPVC windows ISI brands of 2 or 3 track windows and
louvered ventilators with necessary fittings including 4mm thick clear glass.
WATER PROOFING:
Providing and laying screed concrete of average thickness of 2” and finishing with water
proof plastering for roof, including, curing, etc.
FLOORING:
PORCH:
Providing and fixing euro vitrified tile flooring for porch.
Basic cost of tile will be considered Rs. 40/ Sft.
KITCHEN TOP:
Good quality granite slabs shall be used for the kitchen top. (Priced at Max. Rate of Rs.130/-
per Sft)
PAINTING WORKS:
Inside: Two Coat Putty work, one coat Primer and two coat of Emulsion Paint
(Tractor)
External walls: 1 coat of primer, 2 coat external emulsion paint (Ace)
Doors: 1 coat of primer, 2 coat of enamel paint (Asian).
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DETAILS OF ELECTRICAL POINTS:
ELECTRICAL WORK:
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SANITARY:
NOTE:
Brick work in cement mortar 1:6 of 9"thick wall of 5' height above ground level,
2'course foundation of 2'6" depth column spacing of 9' between the columns with
plinth beam of size 9"×9",PCC with DPC with plastering and painting.
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