DEFINITIONS
The term "Architect" refers to Architect _______ _______ (Architects Name and
Company details), with the office address at #____ _____ ____ ___ (Address of
the Architectural Firm), or their representatives, appointed by the Owner. In
the event of the Architect ceasing to be associated with the project, the Owner
shall nominate another Architect and inform the Contractor in writing.
Property: The land where the Contractor agrees to provide construction services
for the house located at [address of the property] ("Property") as per the
plans, specifications, and design provided by the Owner.
Total Area: The total area of the Property that will be affected by the
construction work. The total area of the building is _____________ square feet
(Fill in the Total Area).
Built up area: The area of the Property that will be covered by the building
structure after the completion of the construction work including balconies,
utilities, sit-outs and passages. The total Built up area of the building is
_____________ square feet (Fill in the total Built up area).
SCOPE OF CONSTRUCTION WORK
The Contractor shall perform the construction work in a good and workmanlike
manner, using materials of good quality and complying with all applicable laws,
codes, rules and regulations. The Contractor shall obtain all necessary permits,
approvals and inspections for the construction work. The Contractor shall
complete the Building Work within ____________ days from the date of
commencement of the work, subject to any extensions or delays due to force
majeure events, variations or other causes beyond the reasonable control of the
Contractor.
The scope of construction work includes, but is not limited to, the following:
-
Excavation and foundation work:
The Contractor will excavate the site and prepare the foundation for the
house according to the approved drawings and codes. The Contractor will
also install the necessary drainage and waterproofing systems for the
foundation.
-
Framing and roofing:
The Contractor will erect the wood or metal framing for the house and
install the roof covering and insulation. The Contractor will also
install the windows, doors, and skylights as specified by the Owner.
-
Electrical and plumbing:
The Contractor will install the electrical wiring, outlets, switches,
fixtures, and appliances as per the Owner's requirements. The Contractor
will also install the plumbing pipes, fixtures, and fittings as well as
the HVAC system for heating, ventilation, and air conditioning.
-
Interior and exterior finishes:
The Contractor will apply the interior and exterior finishes for the
house such as drywall, paint, flooring, cabinets, countertops, trim,
siding, brickwork, etc. The Contractor will also install any special
features or amenities requested by the Owner such as fireplaces,
security systems, etc.
-
Landscaping and site work:
The Contractor will perform the landscaping and site work for the
Property such as grading, paving, fencing, planting, etc. The Contractor
will also ensure that the site is clean and free of debris upon
completion of the project.
OR
The scope of work is defined in Appendix III and the
specifications are defined in Appendix I. Any changes to the
specifications that are necessary due to site conditions must be agreed
upon in writing by both parties. The builder has agreed to use the
preferred brands (as specified by the owner at each stage of
construction) for the construction of the facility.
CONSIDERATION
This contract is based on the square feet measurement of Built up area. The cost
per square foot of the Built up area is Rs. _____ (______________________ only)
(Fill in the Cost / square foot of built up area).
OR
This contract is based on the square feet measurement of Total area. The cost
per square foot of the Total up area is Rs. _____ (______________________ only)
(Fill in the Cost / square foot of built up area). Therefore, __________ x
____________ = Rs. _______________ (Rupees ________________________ only).
OR
The total cost of constructing the building is Rs. __________
(Rupees_______________ only) (Fill in the total cost of the Building), which
covers the entire construction of the said building as per the architectural and
structural drawings and the items mentioned in the schedule, signed on ________
(Fill in the date of signing). Any additional work will be charged as per the
specified rates.
The rates mentioned in the schedule encompass all aspects of the work, including
direct, indirect, and contingent costs. They also include charges for
scaffolding, centering material and shuttering, tool and machinery hire,
transportation charges, temporary sheds for material storage, labor, and debris
removal, among others.
PAYMENT SCHEDULE
Payment Schedule: The Owner shall pay the Contractor according to the following
payment schedule:uPayment Schedule: The Owner shall pay the Contractor according
to the following payment schedule:
-
- ____________% of the Contract Price upon signing of this Agreement as an
advance payment;
-
- ____________% of the Contract Price upon completion of ____________% of
the Building Work;
-
- ____________% of the Contract Price upon completion of ____________% of
the Building Work;
-
- ____________% of the Contract Price upon completion of ____________% of
the Building Work;
-
- The balance of the Contract Price upon completion and handing over of the
Building Work.
The Owner shall make each payment within ____________ days from receiving an
invoice from the Contractor. The Owner shall retain ____________% of each
payment as a retention money until the expiry of the Defects Liability Period.
OR
|
AGREEMENTS BETWEEN ARCHITECTS AND
BUILDING CONTRACTORS |
PAYMENT TERMS |
|
|
| SL. No. |
Stages |
Per / Break up |
Total |
Remarks |
| A |
Advance |
|
10% |
To start work |
| B |
Structure |
|
|
|
| 1 |
Foundations |
|
15% |
8%+7%Fdn/plinth/Stairs/sump/pcc |
| 1a |
Footing level |
8% |
|
|
| 1b |
Plinth stage |
7% |
|
|
| 2 |
Ground Floor |
|
10% |
5%+5% |
| 2a |
Col/Block work/Stairs |
5% |
|
|
| 2b |
Roof level |
5% |
|
|
| 3 |
First Floor |
|
10% |
5%+5% |
| 3a |
Col/Block work/Stairs |
5% |
|
|
| 3b |
Roof level |
5% |
|
|
| C |
Architectural |
|
|
|
| 4 |
Door frames/Electrical |
|
7.50% |
3.75%+3.75% |
| 4a |
Purchase |
4% |
|
|
| 4b |
Finish |
3.50% |
|
|
| 5 |
Plastering |
|
10% |
7%+3% |
| 5a |
Start |
7% |
|
|
| 5b |
Finish |
3% |
|
|
| 6 |
Plumbing |
|
5% |
3%+2% |
| 6a |
Purchase |
3% |
|
|
| 6b |
Finish |
2% |
|
|
| 7 |
External Plastering |
|
5% |
Before the start |
| 8 |
Flooring |
|
12.50% |
Material Purchase |
| 9 |
Door/Window shutter/Elec |
|
10% |
5%+5% |
| 9a |
Purchase |
5% |
|
|
| 9b |
Fixing stage |
5% |
|
|
| 10 |
Painting |
|
5% |
To start |
|
|
|
100% |
COMPLETE |
COST ESCALATION CHARGES AND VARIATIONS
The rates specified in the schedule are based on the prevailing steel and cement
prices at the time of contract. Any adjustments to these rates, whether upward
or downward, will be made to the contracted amount. However, no escalations will
be allowed for any other materials or items.
OR
The Owner agrees to pay the Contractor a fixed sum of ____________ for the
Building Work (hereinafter referred to as the "Contract Price"). The Contract
Price includes all taxes, fees, charges and expenses incurred by the Contractor
in relation to the Building Work. The Contract Price is subject to adjustment in
accordance with any additions, omissions or variations to the Building Work
agreed by both parties in writing. The Contract Price is also subject to
escalation in accordance with the following formula:
Contract Price x (CPI2/CPI1) = Adjusted Contract Price
Where CPI1 is the Consumer Price Index for ____________ (the location of the
Property) as published by ____________ (the relevant authority) for the month
preceding the date of this Agreement, and CPI2 is the Consumer Price Index for
____________ (the location of the Property) as published by ____________ (the
relevant authority) for the month preceding the date of completion of the
Building Work.
OR
The Owner may request any additions, omissions or variations to the Building
Work by giving a written notice to the Contractor. The Contractor shall submit a
written quotation for the cost and time implications of such variations within
____________ days from receiving the notice. If the Owner accepts the quotation,
both parties shall sign a variation order and the Contract Price and the Time of
Completion shall be adjusted accordingly. If the Owner rejects the quotation,
the Contractor shall proceed with the Building Work as originally agreed.
PROJECT TIMELINE
The Contractor will commence the construction services on [start date] and
complete them by [end date], subject to any delays or changes caused by factors
beyond the Contractor's control.
The Contractor will provide the Owner with a detailed schedule of milestones and
deliverables for each phase of the project and update it regularly. The
Contractor will also notify the Owner of any issues or problems that may affect
the timeline or quality of the work.
WORK CONTRACT TAX AND ADDITIONAL CHARGES
All applicable works contract taxes are included in the rates mentioned in Part
2 (Bill of Quantities) of this agreement. Any additional items not mentioned in
the tender will be charged based on actual costs plus a 15% profit.
OR
The Contract Price includes all taxes, fees, charges and expenses incurred by
the Contractor in relation to the Building Work. The Contract Price also
includes a reasonable profit margin for the Contractor.
CONTRACTOR'S RESPONSIBILITIES AND INDEMNIFICATION
The Contractor assumes sole responsibility for compliance, expenses,
liabilities, and damages related to the following matters, in accordance with
relevant laws and regulations. Under no circumstances shall the owner be held
liable for any such obligations:
-
Workman's Compensation Act, Employees State Insurance Act, Provident Fund
Act, Minimum Wages Act, and Payment of Wages Act.
-
Any other laws pertaining to the workers employed in the construction.
-
Common-law provisions regarding injuries or damages to individuals or
property arising from the work carried out under this contract.
-
The building contractor shall indemnify and hold the owner harmless from any
losses, damages, fines, prosecutions, or liabilities arising from the
contractor's failure to fulfill statutory obligations.
COORDINATION WITH OTHER AGENCIES
The building contractor shall work in coordination with other parties involved
in the construction of the building. Cooperation and assistance must be provided
to them. However, any damages caused to the building by electrical, sanitary, or
water supply contractors shall be rectified by the building contractor, for
which they shall be duly compensated. This compensation will not lead to an
extension of the project completion time.
RESPONSIBILITIES
The Owner and the Contractor shall each perform their respective obligations
under this agreement in a timely and professional manner. The Owner shall
provide access to the Property and all necessary utilities for the Contractor to
carry out the Building Work. The Owner shall also pay all fees and charges
related to the ownership and use of the Property.
The Contractor shall be responsible for the supervision and coordination of all
subcontractors, suppliers and workers involved in the Building Work. The
Contractor shall also be liable for any damage caused by the Contractor or its
agents to the Property or any third party during the course of the Building
Work.
DEFECTS LIABILITY PERIOD
The Defects Liability Period shall commence from the date of completion and
handing over of the Building Work and shall last for ____________ months. During
this period, the Contractor shall rectify any defects or faults in the materials
or workmanship that may arise due to normal wear and tear or faulty
construction. The Owner shall notify the Contractor of any such defects or
faults in writing within ____________ days from discovering them. The Contractor
shall rectify them within ____________ days from receiving the notice. Upon
expiry of the Defects Liability Period, the Owner shall release the retention
money to the Contractor.
TERMINATION
Either party may terminate this Agreement by giving a written notice to the
other party if:
-
The other party breaches any material term of this Agreement and fails to
remedy it within ____________ days from receiving a notice to do so;
-
The other party becomes insolvent, bankrupt or goes into liquidation;
-
A force majeure event prevents the performance of this Agreement for more
than ____________ days.
Upon termination, the Owner shall pay the Contractor for the Building Work done
up to the date of termination, less any payments already made and any damages
incurred by the Owner due to the Contractor's breach. The Contractor shall stop
the Building Work and hand over the Property and all materials and equipment to
the Owner.
MOBILIZATION
The Contractor shall mobilize all necessary resources, including manpower,
machinery, equipment and materials, for the commencement of the Building Work
within ____________ days from signing this Agreement.
DISPUTES
Any dispute arising out of or in connection with this Agreement shall be settled
amicably by mutual consultation between the parties. If no settlement is reached
within ____________ days from the date of dispute, either party may refer the
dispute to arbitration under the rules of ____________ (the arbitration
institution) by a sole arbitrator appointed by mutual consent of the parties.
The arbitration shall be conducted in ____________ (the language) and in
____________ (the place). The arbitration award shall be final and binding on
both parties.
| Owner: |
Contractor: |
| Signature: |
Signature: |
| Date: |
Date: |
| Witness Name: |
| Signature: |
| Date: |
| Witness Name: |
| Signature: |
| Date: |
