Construction Agreement - Highlighted 19.5.2020

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CONSTRUCTION AGREEMENT

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-
…………...

Hereinafter referred to as the FIRST PARTY/OWNER(which expression shall


wherever the context so requires or admits, mean and include their heirs, legal
representatives, executors, assigns, etc.,) of the first part.

M/S.GODHOOD DEVELOPERS PVT.LTD., having its Registered office at D 201, Second


Floor, Pramuk Aqua Heights, Veersandra, Bangalore, Represented by one of its Director Mr.
SHABU R., hereinafter referred to as the SECOND PARTY/BUILDER (which expression
shall wherever the context so requires or admits, mean and include its successors,
administrators, assigns, etc.,) of the other part.

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, the said M/S. GODHOOD DEVELOPERS PVT.LTD., has agreed to


construct a Duplex House with a built up area of 2840 sq. feet. Over the Schedule
Property as per the specifications given by the First Party herein.The agreed
specifications for the Independent House that will be constructed on the Schedule
Property is enclosed as per Annexure-I

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:

That in pursuance of the foregoing and subject to the mutual obligations


undertaken by the first party and Second Party under this agreement, the second
party hereby agrees to construct a house in the schedule property for first party,
subject to the terms and conditions herein contained:

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.

7. The second party will be entitled to engage architects, engineers, contractors


and others, as it deems fit to execute the construction work; however in case of
disputes between the second party and her contractors, architects, engineers
and other workmen, suppliers of materials and other persons who are engaged
by the second party in the development of the schedule property, the same shall
be Settled by the second party and first party shall have no liability of any
nature Whatsoever;

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.

9. Any claim, cost, charge, expenses or compensation to be paid to the labour


employed by the second party shall be paid by the second party and the first
party shall not be responsible in any manner whatsoever for such claims.

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.

16.The First party hereby agrees to undertake the maintenance responsibilities


after completion of project by the Second Party and any addition, alteration,
renovation either in the building or in the layout is the responsibility of the First
Party and the CONSTRUCTION of only RESIDENTIAL HOUSE as per the plan is
the responsibility of the second party.

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:

East By West By South By North By


……………… ………………… ………………… ………………..

IN WITNESS WHEREOF both the parties have signed this agreement of


construction on this day, month and year above mentioned at Coimbatore.

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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.

Column foundation: 0.6 Mtrs


Rubble foundation : 60 x 60 cm in Size

PLAIN CEMENT CONCRETE:


Providing, Mixing and placing plain cement concrete 1:4:8 (1 Part Cement, 4 part coarse
standard 8 parts 40mm aggregates) using 20mm downgraded broken coarse aggregate for bed
concrete for foundation, footings, floors, trenches etc., by using mechanical mixers including
compaction and curing, labour. M sand will be using for footing bed concrete,rubble work
and flooring PCC.

RCC COLUMN FOOTING:


Providing & laying controlled reinforced cement concrete as per standard structural and
architectural specification using 20MM downsized aggregates 0.6 Mtrs 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.

ANTI TERMITE TREATMENT:


Providing pre - construction anti-termite treatment by treating bottom surface and sides of
excavation, back fill in immediate contact with foundation, top surface of plinth filling (at the
rate of 5 liter of an emulsion concentrate of 1% of chlorpyriphos 20 EC chemical per sqm of
surface area) of approved brand, treatment to the soil along with external perimeter of the
building by punching holes of 12 to 15 mm diameter about 300 to 600mm deep at 150mm
Centre to Centre as close to the walls as possible and inject 1% chlorpyriphos at the rate of
7.5 liters emulsion per running meter including cost of all materials and labours at all leads
etc.

RR FOUNDATION WORK:
60cm x 60cm fitting and packing of rubble with available soil.

REINFORCED CEMENT CONCRETE:


Providing and laying in position machine batched, machine mixed and machine vibrated M20
grade design mix concrete for reinforced cement concrete structural elements, (Footing,
Plinth beam, Column, lintel, Chajja, lofts, Roof beam, Roof slab, etc.) including the cost of
reinforcement, shuttering, Concreting, finishing including mixing, only of admixture in
recommended proportions as per relevant IS to improve workability without impairing
strength and durability at all heights etc.

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”.

STEEL: (TMT BARS)

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:

BRICK WORK FOR MAIN WALLS:


Providing and constructing 9” thick 1st class table mould brick masonry in super structure,
using in CM 1:6 including raking out flush the joints, scaffoldings, curing.

BRICK WORK FOR PARTITION WALLS:


Providing and constructing 4” thick 1st class table mould brick masonry for partition walls,
including, raking out the joints scaffoldings, Curing, etc.

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.

INTERNAL WALL PLASTERING:


Plastering 15mm thick on ceiling and other RCC members in cement mortar 1:6(1 cement 6
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.

DOORS & WINDOWS:

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:

VITRIFIED TILE FOR ROOMS:


Providing and fixing Vitrified tile flooring for rooms using CM 1:4, 20 mm thickness
including curing.Basic cost of tile will be considered Rs. 40/ Sft.

PORCH:
Providing and fixing euro vitrified tile flooring for porch.
Basic cost of tile will be considered Rs. 40/ Sft.

BATHROOM FLOORING AND WALL DADOING:


Providing and laying ceramic tile for bathroom flooring & glazed tile for bath room cladding
up to 7’ height in CM 1:6 and the joints neatly filled with white cement mixed with matching
color oxide including curing, acid washing etc.
Basic cost of tile will be considered Rs. 30/ Sft.

SKIRTING TILE WORK:


Hi-gloss Nano technology vitrified floor tiles shall be used for all Skirting portions (10Cm
Height).

KITCHEN DADOING WALL TILES:


Dadoing tile works shall be done above the kitchen slab with good quality tiles (Size: 45 x 30
Cms) (Choice of design, colour& brand as per the client; priced at maximum rate of Rs.30/-
per Sq.Ft)

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:

Sit out: 2 Light Points, 1 Fan Point, 1 Calling Bell Point


Car Porch: 2 Light Points
Living Room: 3 Light Points, 1 Fan Point, 2 Plug Points
Dinning & Family Living Area: 6 Light Points, 2 Fan Points, 2 Plug Points
Bedrooms: 3 Light Points, 1 Fan Point, 1 A/c Point, 2 Plug Points
Bathrooms: 1 Light Point, 1 Exhaust Point, 1 Mirror Light Point, 1 Geyser Point
Wash Basin Areas: 1 Light Point, 1 Mirror Light Point, 1 Plug Point
Kitchen: 3 Light Points, 2 Plug Point, 3 Sixteen Amps Plug Point, 1 Exhaust point
Store Room: 1 Light Point
Stair Area: 1 or 2 Light Points
Upper Living Area: 3 Light Points, 1 Fan Point, 1 Plug Point
Balcony: 2 Light Points
Dish TV Points: 1 TV Points shall be provided in suitable areas.
Internet Point: 1 Internet Point shall be provided in suitable area.
Telephone Point: 1 Telephone Point shall be provided in suitable area.
Outside Areas: 5 -10 Light Points
Inverter line provision to connecting one light and one fan for each room.

ELECTRICAL WORK:

Cables: RR Kabel or Finolex


Switches & Sockets: Modular Switches(Priced at Maximum rate of Rs.34/- per Piece -5
AMPS &Priced at Maximum rate of Rs. 85/- Per Piece – 15 AMPS).
& Sockets from Legrand(Priced at Maximum rate of Rs.80/- per Piece – 5 AMPS, Priced at
Maximum rate of Rs.140/- per Piece – 15 AMPS)
Metal Boxes: Anchor or Equivalent

PLUMBING AND SANITARY WORK:

PVC Pipes: Supreme


CP Fittings: Parryware/ Cera

Wall Mixer @Max.Rate: Rs.3000/-


Long Body Taps @Max.Rate: Rs.600/-
Health Faucets @Max.Rate: Rs.600/-
Angle Valves @Max.Rate: Rs.400/-
Shower Set @Max.Rate: Rs.1000/-
Pillar Taps Bathrooms @Max.Rate: Rs.1200/-
Pillar Tap for Hall @Max.Rate: Rs.600/-
Sink Taps @Max.Rate: Rs.1250/-

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SANITARY:

Single unit European/Western closet (Priced at maximum rate of Rs.4500/- perPiece)


and half pedestal wash basin for bathrooms from Cera. (Priced at
Maximum rate of Rs.2000/- per Piece).
Dining Area: Wash basin for dining area from Cera (Priced at Max. Rate of Rs.3000)
Servant Toilet: 1 EWC from Cera, 1 Long Body Tap, 1 Health Faucets.
Kitchen Sink: 24 x 18 sink for kitchen (Priced at Max. Rate of Rs.3000/-)

OTHER PLUMBING WORKS:


1) Provision of one additional tap will be provided outside the external building wall.
2) Pipe line will be provided for Geyser in each bathroom.

BASIC RATE OF MATERIALS.


1. Cement (JSW, Ultra tech or equivalent) : 350/Bag.
2. Steel (Indrolaor equivalent TMT) : 45000/M.Ton.
3. M Sand : 37/Cft.
4. Plastering Sand : 50/Cft.
5. 20mm Jelly : 30/Cft.
6. 40mm Jelly : 25/Cft.
7. Size Stone : 9/Num.
8. Bricks : 7/Num.
9. Teak Wood : 3000/Cft.
10. Salwood : 1500/Cft.
11. Laminated Flush Door : 180/Sft.
12. Flush Door (commercial) : 70/Sft.
13. Vitrified Tile : 40/ Sft.
14. Euro Floor Tile : 40/Sft.
15. Glazed Tiles : 30/Sft.
16. Ceramic Tiles : 30/Sft.
17. Kitchen Top Granite : 130/Sft
18. Stair Case Granite : 60/Sft
19. Stair case SS Railings : 250/Sft.
20. MS Railings : 120/Sft
21. UPVC window (2 tracks) : 250/Sft.
22. UPVC window (3 tracks) : 350/Sft.

NOTE:

1. Water and electricity should be provided by client for the project.


2. Space should be allocated by the client for storage, labour shelter at the project
location.
3. Work should be executed as per the quantity mentioned in specification, if any
increase in quantity shall be executed after getting the approval /amendment order
from concerned authority in this will treated as additional work.

4. This offer does note include:


a. TNEB temporary/permanent connection.
b. Panchayat/Municipal corporation charges.
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c. Footing excavation for rock or hard soil will be charged additional.
d. Bore well & motor.
e. Architect/Structural fees.
f. Water connection or water charges.
g. Sewage connections.
h. Compound wall & Gate.
i. Elevation.
j. Truss Work.
k. Wooden Deck Flooring.
l. Landscaping.
m. Walk way or Drive Way tiling works.
n. Any other administrative charges.
o. Documents and Legal opinion.
p. Electric cable laying from meter box to feeder box.
q. Water motor.
r. Basic rate of Compound wall : 1950/RFT(Exclusive of All Taxes)

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.

s. River sand will not be considered, M. sand /Plastering sand is considered.


t. GST Extra.
u. Miscellaneous items.

 CCTV, Electrical fittings, False Ceiling& Interior works


 Dewatering of water in case of water-logged area.
 In case of piling pile works extra.
 Lift or Elevator.

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